Stockco Agricapital Pty Ltd v Chalmers [2023] NSWSC 818

Stockco Agricapital Pty Ltd v Chalmers [2023] NSWSC 818

Costs thrown away by amendment of the cross-claim should include mediation costs since prior issues have been overtaken and these costs are wasted; and given the self-contained nature of the interlocutory determination and ongoing litigation, there is justification for the costs to be payable forthwith.

Jurisdiction
Australia
Judgment Date
12 July 2023
Procedural Posture
Interlocutory Application Costs in Equity Proceedings / Determination of Costs Incident to Amendment of Cross Claim
Outcome
Cross-claimants ordered to pay first cross-defendant's costs thrown away, including mediator's fees, as agreed or assessed, payable forthwith.
Legal Topics
['costs' 'interlocutory Proceedings' 'mediation Costs']
['equity' 'civil Procedure'] ['costs' 'interlocutory Proceedings' 'mediation Costs']

Case Brief

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Procedural Posture

Interlocutory Application Costs in Equity Proceedings / Determination of Costs Incident to Amendment of Cross Claim

Legal Issues

  1. 1 ['Whether costs thrown away should include costs of mediations' 'Whether costs should be payable forthwith under r 42.7(2) Uniform Civil Procedure Rules 2005 (NSW)']

Ratio Decidendi

Costs thrown away by amendment of the cross-claim should include mediation costs since prior issues have been overtaken and these costs are wasted; and given the self-contained nature of the interlocutory determination and ongoing litigation, there is justification for the costs to be payable forthwith.

Court Disposition

Cross-claimants ordered to pay first cross-defendant's costs thrown away, including mediator's fees, as agreed or assessed, payable forthwith.

Orders

  • ["Cross-claimants to pay first cross-defendant's costs thrown away, including mediator's fees and disbursements of $15,765.16 (exclusive of GST) for mediations on 6 May 2021 and 15 December 2022, as agreed or assessed and forthwith upon agreement or assessment."]