Targus Group (UK) v Targus Australia (No 3) [2018] NSWSC 1761

Targus Group (UK) v Targus Australia (No 3) [2018] NSWSC 1761

The third defendant (Mrs Tindale) was ordered to pay the plaintiff's (Targus UK) costs of the first defendant's notice of motion because she was the moving and motivating force behind the litigation, and ordering otherwise would require Targus UK to subsidise litigation against itself. Costs were to be assessed on the ordinary basis up to 14 August 2018 and on the indemnity basis thereafter due to the prolongation of proceedings by the way they were conducted for Targus Australia.

Parties
Plaintiff/first Cross Defendant: Targus Group (UK) Ltd UK Company Number 02989548; First Defendant/cross Claimant: Targus Australia Pty Ltd; Second Defendant: Heathmere Pty Ltd; Third Defendant: Alenka Tindale; Second Cross Defendant: Targus International LLC; Third Cross Defendant: Mikel Williams; Fourth Cross Defendant: Michael Dussinger
Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Equity Commercial List / Interlocutory Application – Costs Orders Following Determination of Notice of Motion
Outcome
Costs of the first defendant's notice of motion ordered against the third defendant (Mrs Tindale); assessed on the ordinary basis until 14 August 2018 and on the indemnity basis thereafter; no other order as to costs.
Legal Topics
Costs, Interlocutory Proceedings, Costs Against Non Parties, Compensation of Successful Party, Indemnity Costs
Civil Procedure Equity Costs Interlocutory Proceedings Costs Against Non Parties Compensation of Successful Party Indemnity Costs

Case Brief

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Parties

Targus Group (UK) Ltd UK Company Number 02989548

Plaintiff/first Cross Defendant

Targus Australia Pty Ltd

First Defendant/cross Claimant

Heathmere Pty Ltd

Second Defendant

Alenka Tindale

Third Defendant

Targus International LLC

Second Cross Defendant

Mikel Williams

Third Cross Defendant

Michael Dussinger

Fourth Cross Defendant

Procedural Posture

Equity Commercial List / Interlocutory Application – Costs Orders Following Determination of Notice of Motion

Legal Issues

  1. 1 Whether the third defendant (Mrs Tindale) should pay the plaintiff's (Targus UK) costs of the first defendant's (Targus Australia) notice of motion; whether costs should be assessed on the indemnity basis; whether costs of interlocutory proceedings should be 'in the cause' or follow the event; when it is appropriate to make costs orders against non-parties.

Ratio Decidendi

The third defendant (Mrs Tindale) was ordered to pay the plaintiff's (Targus UK) costs of the first defendant's notice of motion because she was the moving and motivating force behind the litigation, and ordering otherwise would require Targus UK to subsidise litigation against itself. Costs were to be assessed on the ordinary basis up to 14 August 2018 and on the indemnity basis thereafter due to the prolongation of proceedings by the way they were conducted for Targus Australia.

Court Disposition

Costs of the first defendant's notice of motion ordered against the third defendant (Mrs Tindale); assessed on the ordinary basis until 14 August 2018 and on the indemnity basis thereafter; no other order as to costs.

Orders

  • The third defendant (Mrs Tindale) to pay the plaintiff's (Targus UK) costs of the first defendant's notice of motion filed on 31 July 2018.
  • Costs to be assessed on the ordinary basis up until and including 14 August 2018, and on the indemnity basis thereafter.