Dentown Pty Limited v PWI Group Pty Limited [2016] NSWSC 692

Dentown Pty Limited v PWI Group Pty Limited [2016] NSWSC 692

Given that neither party can truly be considered the winner of the event, and each achieved some degree of success, and considering that some evidence may be relevant at final hearing, costs should be costs in the cause for applications addressed in the hearing, while remaining costs are reserved or borne by each party as appropriate.

Jurisdiction
Australia
Judgment Date
31 May 2016
Procedural Posture
Application for Interlocutory Relief/costs / Interlocutory Application Costs Determination
Outcome
Costs orders made as set out in paragraph 12 (final orders): costs of applications on 2, 4, 5 May 2016 to be costs in the cause; other costs reserved; motion costs in the cause; parties bear own costs of this application.
Legal Topics
['costs' 'interlocutory Relief' 'freezing Orders']
['equity'] ['costs' 'interlocutory Relief' 'freezing Orders']

Case Brief

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Procedural Posture

Application for Interlocutory Relief/costs / Interlocutory Application Costs Determination

Legal Issues

  1. 1 ['How should costs be awarded concerning applications for freezing orders and interlocutory motions where both sides have achieved partial success?' 'Whether costs relating to the various interlocutory applications should be deemed costs in the cause, reserved, or payable by a specific party.']

Ratio Decidendi

Given that neither party can truly be considered the winner of the event, and each achieved some degree of success, and considering that some evidence may be relevant at final hearing, costs should be costs in the cause for applications addressed in the hearing, while remaining costs are reserved or borne by each party as appropriate.

Court Disposition

Costs orders made as set out in paragraph 12 (final orders): costs of applications on 2, 4, 5 May 2016 to be costs in the cause; other costs reserved; motion costs in the cause; parties bear own costs of this application.

Orders

  • ["The costs of the plaintiffs' application for freezing orders, insofar as the appearances on 2, 4 and 5 May 2016 are concerned, will be costs in the cause." "The remaining costs of the plaintiffs' application for freezing orders are reserved." "The costs of the defendants' Notice of Motion dated 3 May 2016 will be...