Min Kyu Kim & Ors v Byung Sun (Eric) Song & Ors (No 2) [2012] NSWSC 179

Min Kyu Kim & Ors v Byung Sun (Eric) Song & Ors (No 2) [2012] NSWSC 179

As the Defendants were unsuccessful in their application, costs should follow the event and be paid to the Plaintiffs. Plaintiffs are to pay the Defendants' costs for solicitor attendance at cross-examination, while costs of Plaintiffs' Motion should be costs in the cause reflecting partial success.

Jurisdiction
Australia
Judgment Date
06 March 2012
Procedural Posture
Interlocutory Application / Costs Determination
Outcome
Defendants to pay Plaintiffs' costs of Defendants' Motion, Plaintiffs to pay Defendants' costs for solicitor attendance, costs of Plaintiffs' Motion to be costs in the cause, other procedural orders made.
Legal Topics
['costs' 'interlocutory Applications']
['civil Procedure'] ['costs' 'interlocutory Applications']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event on an interlocutory application' "Whether Defendants should pay Plaintiffs' costs of Defendants' Motion" "Whether Plaintiffs should pay Defendants' costs of solicitor attendance for cross-examination" "Whether costs of Plaintiffs' Motion should be costs in the cause"]

Ratio Decidendi

As the Defendants were unsuccessful in their application, costs should follow the event and be paid to the Plaintiffs. Plaintiffs are to pay the Defendants' costs for solicitor attendance at cross-examination, while costs of Plaintiffs' Motion should be costs in the cause reflecting partial success.

Court Disposition

Defendants to pay Plaintiffs' costs of Defendants' Motion, Plaintiffs to pay Defendants' costs for solicitor attendance, costs of Plaintiffs' Motion to be costs in the cause, other procedural orders made.

Orders

  • ["Time for filing Defendants' lay evidence extended to 12 March 2012." 'Plaintiffs have leave to file and serve an Amended Originating Process, Amended Statement of Claim and Amended Defence to the Cross-Claim by 1 March 2012.' 'Defendants to serve Defence to Amended Statement of Claim and any reply to Amended...