About Life Pty Ltd v Kloczko [2020] NSWSC 1909

About Life Pty Ltd v Kloczko [2020] NSWSC 1909

Given that Maddocks were successful in obtaining the relief sought by agreement, and About Life was unsuccessful in obtaining security by mortgage, the Court determined that Maddocks’ costs of the Security Motion should be Maddocks’ costs of the proceedings.

Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Cross Claim / Costs Determination Following Security for Costs Application
Outcome
Costs order in favour of cross-defendants/applicants (Maddocks)
Legal Topics
['costs' 'security for Costs' 'quantum and Form of Security']
['equity' 'civil Procedure'] ['costs' 'security for Costs' 'quantum and Form of Security']

Case Brief

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Procedural Posture

Cross Claim / Costs Determination Following Security for Costs Application

Legal Issues

  1. 1 ['Whether Maddocks (cross-defendants) are entitled to costs of the Security Motion' 'Whether the applicants were wholly successful in the security for costs application' "Whether costs should follow the event or be the parties' costs in the proceedings"]

Ratio Decidendi

Given that Maddocks were successful in obtaining the relief sought by agreement, and About Life was unsuccessful in obtaining security by mortgage, the Court determined that Maddocks’ costs of the Security Motion should be Maddocks’ costs of the proceedings.

Court Disposition

Costs order in favour of cross-defendants/applicants (Maddocks)

Orders

  • ["Cross-Defendants' costs of the motion filed 7 June 2019 be the Cross-Defendants' costs of the proceedings"]