1165 Stud Road v Power & Ors (No 2)  VSC 735
The Supreme Court of Victoria set out a detailed explanation of when a non-party may have been ordered to pay costs. The Court demonstrated a real willingness to make that type of order against non-party stakeholders where their role justifies a costs order against them. In this case the Court:
(i) made a cost order against an individual who was both director of the plaintiff and its solicitor, partly on an indemnity basis; and
(ii) declined to make an order against the director of the unsuccessful plaintiff or against several lawfirms who acted for the unsuccessful plaintiffs.
Further, the Court indicated that a plaintiff being insolvent is a significant factor favouring making an award against a non-party.
This summary is only an indication of the court’s decision, and is not advice. More considered and customised analysis and advice should be sought from Harwood Andrews before the summary is relied on for any decision or conduct.
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