NSWNSWDC
Aldag v Eistis
[2008] NSWDC 186
District Court of NSW|2008-08-29|Before: Mr P, Mr J, McColl JA
View original sourceAt a glance
Source factsCourt
District Court of NSW
Decision date
2008-08-29
Before
Mr P, Mr J, McColl JA
Source
Original judgment source is linked above.
Judgment (12 paragraphs)
[1]
- The applicant further submits that as an uninsured person, faced with an indigent plaintiff, he had no prospects of any recovery of the costs of defending what was a highly unmeritorious claim. It is submitted that the respondent was put on notice by way of the Defence filed in the proceedings in which he was acting for the plaintiff, not mere by the Defence but also by the conduct of the case of the hopelessness of the proceedings in circumstances where the applicant had no alternative other than to defend them.
[2]
- However, the applicant does not challenge the entitlement of a party who has been successful on a motion to an order for costs following the event. His submissions are essentially a request for merciful treatment for an uninsured defendant forced to defend a hopeless case commenced by an indigent plaintiff.
[3]