Ingot v Macquarie [2003] NSWSC 1102

Ingot v Macquarie [2003] NSWSC 1102

Due to substantial and late amendments with no adequate explanation, and resulting prejudice to defendants in wasted costs and necessary changes to cross-claims, it is appropriate to order indemnity costs of and thrown away by amendments, but party/party costs for the application for leave to amend.

Jurisdiction
Australia
Judgment Date
28 November 2003
Procedural Posture
Commercial Litigation / Costs Decision Following Application for Leave to Further Amend Summons
Outcome
Plaintiffs ordered to pay defendants’ costs of application for leave to amend (party/party basis) and costs of and thrown away by amendments (indemnity basis), including costs of necessary or consequential amendments to cross-claims.
Legal Topics
['costs' 'pleadings Amendments' 'indemnity Costs' 'delay in Litigation']
['civil Procedure'] ['costs' 'pleadings Amendments' 'indemnity Costs' 'delay in Litigation']

Case Brief

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Procedural Posture

Commercial Litigation / Costs Decision Following Application for Leave to Further Amend Summons

Legal Issues

  1. 1 ['Whether the plaintiffs should pay costs of application for leave to amend and costs thrown away by amendments' 'Whether costs should be ordered on an indemnity basis' 'Significance of delay and lack of explanation in seeking substantial amendments']

Ratio Decidendi

Due to substantial and late amendments with no adequate explanation, and resulting prejudice to defendants in wasted costs and necessary changes to cross-claims, it is appropriate to order indemnity costs of and thrown away by amendments, but party/party costs for the application for leave to amend.

Court Disposition

Plaintiffs ordered to pay defendants’ costs of application for leave to amend (party/party basis) and costs of and thrown away by amendments (indemnity basis), including costs of necessary or consequential amendments to cross-claims.

Orders

  • ['Plaintiffs to pay defendants’ costs of plaintiffs’ application for leave further to amend summons.' 'Plaintiffs to pay defendants’ costs of and thrown away by the amendment, including consequential amendments to cross-claims.' 'Costs payable by plaintiffs for the amendments to be on indemnity basis.']