Indemnity Costs Awarded in Solicitors vs. Riva NSW Pty Ltd Dispute
In the case of Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) (No. 4) [2022] NSWSC 1624 (28 November 2022), a dispute arose between Riva (a corporate entity) and the solicitors over the amount of costs owed to the solicitors for their work in previous litigation. Riva filed an appeal against the costs assessment. The dispute went through several court proceedings and two sets of proceedings in the Equity Division.
The court ruled in favor of the solicitors, ordering Riva to pay indemnity costs to the solicitors in both the Riva damages proceedings and the receiver proceedings, but only for the professional costs, counsel's fees, and disbursements incurred by the solicitors up to certain dates. The court will make supplementary orders after the parties provide schedules and submissions outlining their final costs claims.