Stramit Corporation Pty Ltd v Stone Homes Pty Ltd [2014] NSWSC 514

Stramit Corporation Pty Ltd v Stone Homes Pty Ltd [2014] NSWSC 514

As both the claim and the cross claim were unsuccessful, and the hearing date was vacated due to plaintiffs' delay, the appropriate order is that plaintiffs pay defendants' costs thrown away by the vacation of the hearing date and interest on those costs, with no further order as to costs so parties bear their own costs.

Parties
First Plaintiff/first Cross Defendant: Stramit Corporation Pty Limited; Second Plaintiff/second Cross Defendant: FBHS (AUST) Pty Ltd; First Defendant/first Cross Claimant: Stone Homes Pty Ltd; Second Defendant/second Cross Claimant: Dennis Malcolm McFadden; Third Defendant/third Cross Claimant: Gai Ann McFadden; Fourth Defendant: Best Sheds Pty Ltd
Jurisdiction
Australia
Judgment Date
02 May 2014
Procedural Posture
Equity Division, Expedition List / Costs Determination After Judgment, on the Papers
Outcome
Plaintiffs liable for costs thrown away by vacation of hearing date and interest. Otherwise, no order as to costs; parties bear own costs.
Legal Topics
Costs, Offers of Compromise, Restraint of Trade
Civil Procedure Costs Offers of Compromise Restraint of Trade

Case Brief

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Parties

Stramit Corporation Pty Limited

First Plaintiff/first Cross Defendant

FBHS (AUST) Pty Ltd

Second Plaintiff/second Cross Defendant

Stone Homes Pty Ltd

First Defendant/first Cross Claimant

Dennis Malcolm McFadden

Second Defendant/second Cross Claimant

Gai Ann McFadden

Third Defendant/third Cross Claimant

Best Sheds Pty Ltd

Fourth Defendant

Procedural Posture

Equity Division, Expedition List / Costs Determination After Judgment, on the Papers

Legal Issues

  1. 1 Whether any order for costs should be made when both claim and cross claim unsuccessful
  2. 2 Whether plaintiffs should pay costs thrown away by vacation of earlier hearing date
  3. 3 Offer of compromise

Ratio Decidendi

As both the claim and the cross claim were unsuccessful, and the hearing date was vacated due to plaintiffs' delay, the appropriate order is that plaintiffs pay defendants' costs thrown away by the vacation of the hearing date and interest on those costs, with no further order as to costs so parties bear their own costs.

Court Disposition

Plaintiffs liable for costs thrown away by vacation of hearing date and interest. Otherwise, no order as to costs; parties bear own costs.

Orders

  • Plaintiffs pay defendants' costs thrown away by vacation of the hearing date of 2 July 2013.
  • Plaintiffs pay interest on such costs at rates set out in Schedule 5 of the Uniform Civil Procedure Rules.