Narradine Pty Ltd & Anor v Mascot Steel and Tools Pty Ltd & Ors [2012] NSWSC 474

The Defendants were substantially successful on the motion because an order for security for costs was made over the Plaintiffs' opposition, and the contested hearing was required because the Plaintiffs resisted providing security and were unsuccessful. It was therefore proper to order the Plaintiffs to pay the Defendants' costs of and incidental to the motion.

Jurisdiction: Australia
Judgment Date: 09 May 2012
Procedural Posture: Costs in Application for Security for Costs / Costs Determination Following Judgment on Motion for Security for Costs
Outcome: Plaintiffs ordered to pay costs of and incidental to the application for security for costs.
Legal Topics: ['costs Following the Event' 'security for Costs' 'costs of Contested Motion']

['civil Procedure' 'costs' 'corporations List'] ['costs Following the Event' 'security for Costs' 'costs of Contested Motion']

Case Brief

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Procedural Posture

Costs in Application for Security for Costs / Costs Determination Following Judgment on Motion for Security for Costs

Legal Issues

1 ["Whether the Plaintiffs should pay the Defendants' costs of and incidental to the application for security for costs." "Whether the Defendants' costs of the motion for security for costs should instead be costs in the cause in connection with Narradine's claim."]

Ratio Decidendi

Court Disposition

Plaintiffs ordered to pay costs of and incidental to the application for security for costs.

Orders

['The Plaintiffs pay the costs of and incidental to the application for security for costs heard on 16 April 2012, as agreed or as assessed.']