Barescape Pty Ltd & Anor v Bacchus Holdings Pty Ltd [2011] NSWSC 1003

Barescape Pty Ltd & Anor v Bacchus Holdings Pty Ltd [2011] NSWSC 1003

The discrete nature of the motion, the unsuccessful outcome, and the unnecessary use of court time justify ordering that costs follow the event and be paid by the Plaintiffs/Cross-Defendants to the Defendants/Cross-Claimant.

Jurisdiction
Australia
Judgment Date
15 August 2011
Procedural Posture
Interlocutory Application / Costs Ruling on Motion After Dismissal of Motion at Trial
Outcome
Costs ordered against Plaintiffs/Cross-Defendants
Legal Topics
['costs' 'interlocutory Applications']
['civil Procedure'] ['costs' 'interlocutory Applications']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Ruling on Motion After Dismissal of Motion at Trial

Legal Issues

  1. 1 ['Whether costs of the unsuccessful motion should follow the event']

Ratio Decidendi

The discrete nature of the motion, the unsuccessful outcome, and the unnecessary use of court time justify ordering that costs follow the event and be paid by the Plaintiffs/Cross-Defendants to the Defendants/Cross-Claimant.

Court Disposition

Costs ordered against Plaintiffs/Cross-Defendants

Orders

  • ["Plaintiffs/Cross-Defendants to pay Defendants'/Cross-Claimant's costs of and incidental to the motion"]