Narellan Franchise Pty Ltd v RBME Pty Ltd (No 3) [2023] NSWSC 534

Narellan Franchise Pty Ltd v RBME Pty Ltd (No 3) [2023] NSWSC 534

Given the proceedings determined discrete issues, significant delay until final resolution, and evidence presented, an order for payment of $200,000 on account of costs is justified but not the higher amount claimed. For the application to vary undertakings, the ordinary rule applies and the defendants are to pay the plaintiffs’ costs of the motion, as the opposition was not unreasonable and the Court must formally release undertakings upon application.

Jurisdiction
Australia
Judgment Date
19 May 2023
Procedural Posture
Restraint of Trade Proceedings / Costs Determination Following Interlocutory and Expedited Separate Hearings
Outcome
Costs orders made: plaintiffs to pay defendants a lump sum; defendants to pay plaintiffs’ costs for motion to vary undertakings.
Legal Topics
['costs' 'injunctions' 'restraint of Trade' 'confidential Information' 'undertakings']
['equity' 'civil Procedure'] ['costs' 'injunctions' 'restraint of Trade' 'confidential Information' 'undertakings']

Case Brief

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Procedural Posture

Restraint of Trade Proceedings / Costs Determination Following Interlocutory and Expedited Separate Hearings

Legal Issues

  1. 1 ['Whether a lump sum should be paid on account of costs for interlocutory proceedings' 'Appropriate costs order for motion to vary undertakings']

Ratio Decidendi

Given the proceedings determined discrete issues, significant delay until final resolution, and evidence presented, an order for payment of $200,000 on account of costs is justified but not the higher amount claimed. For the application to vary undertakings, the ordinary rule applies and the defendants are to pay the plaintiffs’ costs of the motion, as the opposition was not unreasonable and the Court must formally release undertakings upon application.

Court Disposition

Costs orders made: plaintiffs to pay defendants a lump sum; defendants to pay plaintiffs’ costs for motion to vary undertakings.

Orders

  • ['The plaintiffs pay to the defendants the sum of $200,000 on account of their costs liability under order 3 made on 12 December 2022.' "The defendants pay the plaintiffs' costs of the defendants' notice of motion dated 24 October 2022."]