Chen v Golden Land Enterprises Pty Ltd [2022] NSWSC 19

Chen v Golden Land Enterprises Pty Ltd [2022] NSWSC 19

Given the extent of amendments and costs wholly wasted due to Plaintiff's responsibility, immediate lump sum payment on account of costs thrown away is appropriate, to be paid as a condition of leave to amend. The risk of stultification is self-inflicted. Security for costs application is adjourned until costs are paid and pleadings finalised.

Jurisdiction
Australia
Judgment Date
18 January 2022
Procedural Posture
Interlocutory Motion in Equity Proceedings / Application for Costs Thrown Away by Amendment, Leave to Amend, and Application for Security for Costs
Outcome
Defendants' applications for immediate costs payment successful; leave to amend conditional on payment; security for costs applications adjourned; stay of proceedings refused.
Legal Topics
['costs' 'security for Costs' 'amendment of Pleadings']
['equity' 'civil Procedure'] ['costs' 'security for Costs' 'amendment of Pleadings']

Case Brief

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Procedural Posture

Interlocutory Motion in Equity Proceedings / Application for Costs Thrown Away by Amendment, Leave to Amend, and Application for Security for Costs

Legal Issues

  1. 1 ['Whether plaintiff should pay costs thrown away due to amendments to the statement of claim' 'Whether immediate payment and conditional leave is appropriate' 'Whether proceedings should be stayed pending payment' 'Whether security for costs should be ordered']

Ratio Decidendi

Given the extent of amendments and costs wholly wasted due to Plaintiff's responsibility, immediate lump sum payment on account of costs thrown away is appropriate, to be paid as a condition of leave to amend. The risk of stultification is self-inflicted. Security for costs application is adjourned until costs are paid and pleadings finalised.

Court Disposition

Defendants' applications for immediate costs payment successful; leave to amend conditional on payment; security for costs applications adjourned; stay of proceedings refused.

Orders

  • ['Grant leave to plaintiff to amend statement of claim in form provided on 26 November 2021, conditional upon payment of $5,000 to first defendant and $12,000 to second defendant on account of costs thrown away.' "Adjourn first defendant's notice of motion (security for costs) to 24 February 2022 or as arranged."...