Surgibit IP Holdings Pty Limited v Ellis (No 3) [2017] NSWSC 1479

As the plaintiff was wholly successful and the first defendant raised no reason to depart from the usual rule, costs should follow the event and be paid by the first defendant.

Jurisdiction: Australia
Judgment Date: 27 October 2017
Procedural Posture: Costs Application / Post Judgment, Determination of Costs
Outcome: Costs ordered against the first defendant.
Legal Topics: ['costs' 'costs Follow the Event']

['civil Procedure'] ['costs' 'costs Follow the Event']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application / Post Judgment, Determination of Costs

Legal Issues

1 ["Whether the first defendant should pay the plaintiff's costs of the proceedings"]

Ratio Decidendi

As the plaintiff was wholly successful and the first defendant raised no reason to depart from the usual rule, costs should follow the event and be paid by the first defendant.

Court Disposition

Costs ordered against the first defendant.

Orders

["Order the first defendant to pay the plaintiff's costs of the proceedings."]