Event and Time
Event Description
- The case involved costs orders in interlocutory proceedings related to the defendant's breach of earlier Court orders and undertakings given on September 3, 2021, regarding asset preservation.
- The substantive proceedings were initiated on August 2, 2021, where the plaintiff claimed damages for personal injury and economic loss due to an assault by the defendant on January 24, 2021.
Application and Claims
- Plaintiff sought an order for the costs of interlocutory proceedings arising from the defendant’s breach of an undertaking to pay net proceeds from the sale of the Roberts Road property into a solicitor's trust account.
- The plaintiff requested costs on an indemnity basis and a specific gross sum under rule 42.7(2) of the Uniform Civil Procedure Rules.
Judicial Decisions
- The Court ordered the defendant to pay the plaintiff’s costs of the interlocutory proceedings on an indemnity basis and forthwith.
- The case highlighted a series of interlocutory orders that were necessary due to the defendant's failure to comply with previous court orders.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims:
- The defendant breached an undertaking to pay proceeds from the sale of a property into a trust account. - The plaintiff’s costs arose directly from the defendant’s non-compliance and were unreasonable due to the necessity for multiple court motions.
- Defendant’s Defense:
- Claimed unawareness of the undertaking at the time of the property sale, alleging he was misinformed by his former solicitor. - Attempted to minimize the implications of the breach, asserting he was not deliberately disregarding Court orders.
- Third-party Evidence: