Thomas Henry Elford v Marcus James Minty [2021] NSWSC 968

Thomas Henry Elford v Marcus James Minty [2021] NSWSC 968

It was necessary for the plaintiffs to obtain the leave of the Court to vary an earlier undertaking, and the application was effectively settled. The defendants were entitled to test the basis for the orders, and were not shown to have acted unreasonably; therefore, the appropriate order is that each party bear their own costs of the notice of motion.

Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Costs Application in Equity Proceedings / Post Interlocutory Motion; Decision on Costs
Outcome
No order as to costs; all parties to bear their own costs of the notice of motion filed on 17 June 2021.
Legal Topics
['costs' 'interlocutory Proceedings' 'consent Orders']
['equity'] ['costs' 'interlocutory Proceedings' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Equity Proceedings / Post Interlocutory Motion; Decision on Costs

Legal Issues

  1. 1 ["Whether the defendants should pay the plaintiffs' costs of the notice of motion filed on 17 June 2021" 'Whether each party should bear their own costs of the notice of motion']

Ratio Decidendi

It was necessary for the plaintiffs to obtain the leave of the Court to vary an earlier undertaking, and the application was effectively settled. The defendants were entitled to test the basis for the orders, and were not shown to have acted unreasonably; therefore, the appropriate order is that each party bear their own costs of the notice of motion.

Court Disposition

No order as to costs; all parties to bear their own costs of the notice of motion filed on 17 June 2021.

Orders

  • ["The Court makes no order for the costs of the plaintiffs' notice of motion filed on 17 June 2021, with the intent that all parties will bear their own costs of the motion."]