Hirst v Jones; Hirst v Jones [2014] NSWSC 65

Hirst v Jones; Hirst v Jones [2014] NSWSC 65

Up to the date the heads of agreement became unconditional (6 June 2013), the third and fifth defendants were justified in seeking separate representation and should have their costs on the ordinary basis paid by the plaintiffs; after that date, their interests were congruent with the Trustees and no separate costs were justified. Plaintiffs are not required to pay costs in relation to the notice of motion filed in the separate proceedings.

Jurisdiction
Australia
Judgment Date
12 February 2014
Procedural Posture
Costs Determination After Settlement of Proceedings / Post Settlement, Costs Application
Outcome
Costs orders made in favour of third and fifth defendants up to 6 June 2013 on the ordinary basis; otherwise, no order for their costs in respect of the notice of motion.
Legal Topics
['costs' 'separate Representation' 'settlement' 'equity']
['civil Procedure'] ['costs' 'separate Representation' 'settlement' 'equity']

Case Brief

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Procedural Posture

Costs Determination After Settlement of Proceedings / Post Settlement, Costs Application

Legal Issues

  1. 1 ['Whether costs should follow the event after partial settlement' 'Whether plaintiffs should be ordered to pay more than one set of costs where defendants had the same or overlapping interests' 'Basis on which costs should be assessed for third and fifth defendants']

Ratio Decidendi

Up to the date the heads of agreement became unconditional (6 June 2013), the third and fifth defendants were justified in seeking separate representation and should have their costs on the ordinary basis paid by the plaintiffs; after that date, their interests were congruent with the Trustees and no separate costs were justified. Plaintiffs are not required to pay costs in relation to the notice of motion filed in the separate proceedings.

Court Disposition

Costs orders made in favour of third and fifth defendants up to 6 June 2013 on the ordinary basis; otherwise, no order for their costs in respect of the notice of motion.

Orders

  • ['Order the plaintiffs to pay the costs of the third defendant and the fifth defendant in Proceedings No 352440 of 2012 up to and including, but not after, 6 June 2013 on the ordinary basis.' 'Order that the plaintiffs are not required to pay the costs of the third defendant and fifth defendant in Proceedings No...