Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers (Sawmilling) Pty Ltd (No 4) [2019] NSWSC 1331

Hurford Hardwood Kempsey Pty Ltd v Kempsey Timbers (Sawmilling) Pty Ltd (No 4) [2019] NSWSC 1331

The plaintiff was unsuccessful in its application for a freezing order, and no sufficient reason was shown to depart from the general rule that costs follow the event; the asserted 'disentitling conduct' was not established on the evidence.

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Equity Commercial List / Costs Decision Following Dismissal of Application for Freezing Order
Outcome
Plaintiff to pay the defendants' costs of the plaintiff's notice of motion of 12 September 2019.
Legal Topics
['costs' 'freezing Orders' 'party/party Costs' 'disentitling Conduct']
['equity' 'civil Procedure'] ['costs' 'freezing Orders' 'party/party Costs' 'disentitling Conduct']

Case Brief

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Procedural Posture

Equity Commercial List / Costs Decision Following Dismissal of Application for Freezing Order

Legal Issues

  1. 1 ['Whether costs should follow the event after unsuccessful application for freezing order' 'Whether disentitling conduct by the successful party justifies deviation from usual costs order']

Ratio Decidendi

The plaintiff was unsuccessful in its application for a freezing order, and no sufficient reason was shown to depart from the general rule that costs follow the event; the asserted 'disentitling conduct' was not established on the evidence.

Court Disposition

Plaintiff to pay the defendants' costs of the plaintiff's notice of motion of 12 September 2019.

Orders

  • ["Plaintiff to pay the defendants' costs of the plaintiff's notice of motion of 12 September 2019."]