Galati v Deans (No 3) [2018] NSWSC 1861

Galati v Deans (No 3) [2018] NSWSC 1861

Because EJC obtained a substantial measure of success regarding the adequacy of the cross-claimants' pleadings, but with a mixed outcome between distinct issues (security for costs and pleading adequacy), the court determined fairness required a 50/50 apportionment of overall costs of the hearing. The cross-claimants were ordered to pay half of EJC's costs for the relevant motion and any extra costs referable to the pleading aspects.

Jurisdiction
Australia
Judgment Date
04 December 2018
Procedural Posture
Costs Determination in Equity Proceedings / Post Interlocutory Motion (costs Application Following Notice of Motion Determination)
Outcome
Cross-claimants ordered to pay half of EJC's costs of hearing and additional costs relating to pleading aspects of the notice of motion.
Legal Topics
['costs' 'party/party Costs' 'discretion—costs Follow the Event' 'apportionment of Costs' 'pleadings']
['civil Procedure'] ['costs' 'party/party Costs' 'discretion—costs Follow the Event' 'apportionment of Costs' 'pleadings']

Case Brief

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Procedural Posture

Costs Determination in Equity Proceedings / Post Interlocutory Motion (costs Application Following Notice of Motion Determination)

Legal Issues

  1. 1 ['Appropriate costs order for notice of motion concerning adequacy of pleadings and security for costs' 'Application of general principle that costs follow the event when success is mixed across distinct issues']

Ratio Decidendi

Because EJC obtained a substantial measure of success regarding the adequacy of the cross-claimants' pleadings, but with a mixed outcome between distinct issues (security for costs and pleading adequacy), the court determined fairness required a 50/50 apportionment of overall costs of the hearing. The cross-claimants were ordered to pay half of EJC's costs for the relevant motion and any extra costs referable to the pleading aspects.

Court Disposition

Cross-claimants ordered to pay half of EJC's costs of hearing and additional costs relating to pleading aspects of the notice of motion.

Orders

  • ["Order the cross-claimants to pay half of EJC's costs of the hearing on 16 October 2018 of its notice of motion dated 11 September 2018 and any additional costs relating to the pleading aspects in respect of which relief was sought in that notice of motion."]