Wonderful Pty Ltd v Faithful Investment Pty Ltd (No 2) [2024] NSWSC 1006

Wonderful Pty Ltd v Faithful Investment Pty Ltd (No 2) [2024] NSWSC 1006

There is no justifiable basis for limiting the costs recoverable to a period starting from 15 March 2024; allocation issues are part of ordinary costs assessments and excluding all prior costs would be arbitrary.

Jurisdiction
Australia
Judgment Date
12 August 2024
Procedural Posture
Interlocutory Motion / Costs Order Following Notice of Motion
Outcome
Second defendant's motion dismissed with costs
Legal Topics
['costs' 'interlocutory Proceedings']
['equity' 'commercial Law'] ['costs' 'interlocutory Proceedings']

Case Brief

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Procedural Posture

Interlocutory Motion / Costs Order Following Notice of Motion

Legal Issues

  1. 1 ['Whether the costs order made against the second defendant should be varied to limit recoverable costs to a specific time period']

Ratio Decidendi

There is no justifiable basis for limiting the costs recoverable to a period starting from 15 March 2024; allocation issues are part of ordinary costs assessments and excluding all prior costs would be arbitrary.

Court Disposition

Second defendant's motion dismissed with costs

Orders

  • ["Second defendant's notice of motion filed 15 May 2024 dismissed with costs"]