Standard costs or indemnity?
- Costs were awarded to the Commonwealth Bank because the judge found that the plaintiff had exaggerated and made up parts of her case and that “the lack of merit in each of the proceedings” was “so marked”.
- The costs awarded to the CBA are an example of ‘indemnity costs’ because they were ordered to indemnify the successful party (the CBA) against all the costs they incurred to fund their litigation, above the standard costs.
- Responses will vary. However, students might suggest that the costs award is unlikely to be enforceable as Dye probably would lack the resources to pay the costs of $5.85 million.
