Sydney Subdivision Pty Ltd (in liq) v Chow (No 2) [2023] FCA 54

Sydney Subdivision Pty Ltd (in liq) v Chow (No 2) [2023] FCA 54

The respondents were the successful parties on the discrete issues raised by the interlocutory application to amend, those issues were determined adversely to the applicants, and the costs associated with unopposed amendments were not sufficiently material to justify a separate qualification. In all the circumstances, including that the amendment application sought an indulgence, the applicants should pay the respondents' costs of the interlocutory application.

Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Commercial and Corporations; Corporations and Corporate Insolvency / Costs Determination on the Papers Following Dismissal of an Interlocutory Application for Leave to Amend the Statement of Claim
Outcome
Costs ordered in favour of the respondents.
Legal Topics
['costs' 'interlocutory Application' 'leave to Amend Statement of Claim' 'costs Discretion']
['commercial and Corporations' 'corporations and Corporate Insolvency' 'civil Procedure'] ['costs' 'interlocutory Application' 'leave to Amend Statement of Claim' 'costs Discretion']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Commercial and Corporations; Corporations and Corporate Insolvency / Costs Determination on the Papers Following Dismissal of an Interlocutory Application for Leave to Amend the Statement of Claim

Legal Issues

  1. 1 ['Whether the applicants should pay the costs of the interlocutory application to amend determined on 13 January 2023.' 'Whether any costs order should exclude costs related to proposed amendments that were not opposed.' 'Whether submissions about costs of an earlier discovery application and case management hearings should be dealt with in this costs determination.']

Ratio Decidendi

The respondents were the successful parties on the discrete issues raised by the interlocutory application to amend, those issues were determined adversely to the applicants, and the costs associated with unopposed amendments were not sufficiently material to justify a separate qualification. In all the circumstances, including that the amendment application sought an indulgence, the applicants should pay the respondents' costs of the interlocutory application.

Court Disposition

Costs ordered in favour of the respondents.

Orders

  • ['The applicants pay the costs of the interlocutory application determined on 13 January 2023.']