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Indemnity costs awarded for running hopeless defence

JC Automotive Repairs Pty Ltd v John Hardy [2017] NSWSC 1218

In September 2017, the Supreme Court of NSW upheld a Local Court ruling for the plaintiff in respect of liability and indemnity costs in a property damage case. The defendant’s failure to challenge the evidence of the plaintiff, or adduce any evidence of its own, left it open to the court to draw inferences and conclude that the defence was hopeless and that the plaintiff should be awarded indemnity costs. 

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