Coleman v Australasian Fencing Pty Ltd (No 2) [2020] NSWSC 1173

Coleman v Australasian Fencing Pty Ltd (No 2) [2020] NSWSC 1173

Despite some parts of the pleading being struck out, the plaintiffs were successful in resisting summary dismissal or full strike out, and as such are considered the successful party regarding the event; costs should follow the event and be paid by the defendants.

Jurisdiction
Australia
Judgment Date
31 August 2020
Procedural Posture
Equity / Application for Costs Following Summary Dismissal/strike Out Motion
Outcome
Defendants to pay the plaintiffs' costs of the notice of motion
Legal Topics
['costs' 'summary Dismissal' 'strike Out' 'pleadings' 'amendment of Pleadings']
['civil Procedure'] ['costs' 'summary Dismissal' 'strike Out' 'pleadings' 'amendment of Pleadings']

Case Brief

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Procedural Posture

Equity / Application for Costs Following Summary Dismissal/strike Out Motion

Legal Issues

  1. 1 ['Who should bear the costs of the notice of motion for summary dismissal or striking out of the amended statement of claim']

Ratio Decidendi

Despite some parts of the pleading being struck out, the plaintiffs were successful in resisting summary dismissal or full strike out, and as such are considered the successful party regarding the event; costs should follow the event and be paid by the defendants.

Court Disposition

Defendants to pay the plaintiffs' costs of the notice of motion

Orders

  • ["Order the defendants to pay the plaintiffs' costs of the notice of motion filed by the defendants on 22 May 2020 seeking the summary dismissal of the proceedings or striking out of the amended statement of claim."]