ICAP Australia Pty Ltd v Howell; GFI Australia Pty Ltd v Cotton (No 2) [2019] NSWSC 1061

ICAP Australia Pty Ltd v Howell; GFI Australia Pty Ltd v Cotton (No 2) [2019] NSWSC 1061

Although the plaintiff was successful in its application, the conduct in bringing the application was not sufficiently blameworthy to warrant a costs order against it; accordingly, no order as to costs is made.

Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Equity Commercial List / Costs Determination After Ruling on Motion to Set Aside Notice to Produce
Outcome
No order as to costs
Legal Topics
['costs' 'notices to Produce' 'case Management']
['civil Procedure'] ['costs' 'notices to Produce' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Commercial List / Costs Determination After Ruling on Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether ICAP, despite success on application to set aside Notice to Produce, should pay the costs of the application']

Ratio Decidendi

Although the plaintiff was successful in its application, the conduct in bringing the application was not sufficiently blameworthy to warrant a costs order against it; accordingly, no order as to costs is made.

Court Disposition

No order as to costs

Orders

  • ['No order as to the costs of the application to set aside the Notice to Produce']