In the matter of Canberra Babington Pty Ltd (No 2) [2021] NSWSC 868

In the matter of Canberra Babington Pty Ltd (No 2) [2021] NSWSC 868

The plaintiffs should be ordered to pay the costs of the first to sixth defendants thrown away by the amendments to the application, as is the usual practice. Otherwise, the parties are to bear their own costs of the interlocutory application, these being their respective costs in the principal proceedings.

Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Interlocutory Application in Equity Proceedings / Costs Orders Following Successful Application to Amend Pleadings
Outcome
Costs orders made following interlocutory application to amend pleadings.
Legal Topics
['costs' 'pleadings' 'interlocutory Applications' 'company Disputes']
['equity' 'civil Procedure'] ['costs' 'pleadings' 'interlocutory Applications' 'company Disputes']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application in Equity Proceedings / Costs Orders Following Successful Application to Amend Pleadings

Legal Issues

  1. 1 ['Who should bear the costs of the interlocutory application to amend pleadings?' 'Should costs thrown away by the amendments be ordered against the plaintiffs?' "Whether it was appropriate for the company to take an active role in shareholders' dispute"]

Ratio Decidendi

The plaintiffs should be ordered to pay the costs of the first to sixth defendants thrown away by the amendments to the application, as is the usual practice. Otherwise, the parties are to bear their own costs of the interlocutory application, these being their respective costs in the principal proceedings.

Court Disposition

Costs orders made following interlocutory application to amend pleadings.

Orders

  • ['The plaintiffs pay the costs of the first to sixth defendants thrown away by the amendments to the application.' "Otherwise, the parties' costs of the interlocutory process filed on 18 November 2020 be their respective costs of proceedings 2018/27127."]