Makari v TAL Life Ltd (No 3) [2020] NSWSC 1071

Although the defendant succeeded in part in its motion to amend its defence, the success was limited and constrained by the plaintiff's reasonable opposition, warranting an order that the defendant pay the plaintiff's costs of the notice of motion and costs of and occasioned by the amendment.

Parties: Plaintiff / Respondent: Bakous Makari; Defendant / Applicant: TAL Life Ltd
Jurisdiction: Australia
Judgment Date: 14 August 2020
Procedural Posture: Interlocutory Motion / Costs Determination Following Motion for Leave to Amend Defence
Outcome: Defendant ordered to pay plaintiff's costs of the notice of motion and costs of and occasioned by amendment of defence.
Legal Topics: Costs, Party/party, Interlocutory Proceedings

Equity Costs Party/party Interlocutory Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Bakous Makari

Plaintiff / Respondent

TAL Life Ltd

Defendant / Applicant

Procedural Posture

Interlocutory Motion / Costs Determination Following Motion for Leave to Amend Defence

Legal Issues

1 Whether the defendant should pay the plaintiff's costs of the motion to amend its defence
2 Appropriate costs order following partial success on motion to amend defence

Ratio Decidendi

Court Disposition

Defendant ordered to pay plaintiff's costs of the notice of motion and costs of and occasioned by amendment of defence.

Orders

Order the defendant to pay the plaintiff's costs of the defendant's notice of motion filed on 16 September 2019 seeking leave to amend its defence.
Order the defendant to pay the plaintiff's costs of and occasioned by the amendment of the defendant's defence.