Cosmetic Laser Clinic Pty Ltd v Pirintji;; In the matter of Health and Beauty International Limited in Liquidation (No 2) [2015] NSWSC 1926

Cosmetic Laser Clinic Pty Ltd v Pirintji;; In the matter of Health and Beauty International Limited in Liquidation (No 2) [2015] NSWSC 1926

Because Mr Pirintji's motion was dismissed, the plaintiffs and the liquidator were successful and there was no real reason to displace UCPR 42.1, so costs should follow the event on the ordinary basis. Indemnity costs were refused because Mr Pirintji was attempting to save time and money by having the proceedings heard together and did not act unreasonably in refusing to resolve the issues before the hearing or in bringing the motion. The liquidator's costs should be assessed forthwith because the motion was a separately identifiable matter and the liquidator, Health & Beauty and Lasersmooth were not parties to, and had no further involvement in, the common law proceedings.

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Costs Judgment Concerning a Further Amended Notice of Motion for Proceedings to Be Heard Together or for Separate Determination of Issues / Written Submissions on Costs After Dismissal of the Further Amended Notice of Motion
Outcome
Mr Pirintji was ordered to pay the plaintiffs' and liquidator's costs on the ordinary basis; indemnity costs were refused; leave was granted for the liquidator's costs to be assessed forthwith.
Legal Topics
['costs Follow the Event' 'indemnity Costs' 'assessment of Interlocutory Costs Forthwith' 'joinder or Hearing Proceedings Together']
['civil Procedure' 'costs'] ['costs Follow the Event' 'indemnity Costs' 'assessment of Interlocutory Costs Forthwith' 'joinder or Hearing Proceedings Together']

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Procedural Posture

Costs Judgment Concerning a Further Amended Notice of Motion for Proceedings to Be Heard Together or for Separate Determination of Issues / Written Submissions on Costs After Dismissal of the Further Amended Notice of Motion

Legal Issues

  1. 1 ["Whether the Court should depart from the rule that costs follow the event after Mr Pirintji's motion was dismissed." 'Whether the plaintiffs should receive costs on an indemnity basis.' "Whether the liquidator's costs of the further amended notice of motion should be assessed forthwith."]

Ratio Decidendi

Because Mr Pirintji's motion was dismissed, the plaintiffs and the liquidator were successful and there was no real reason to displace UCPR 42.1, so costs should follow the event on the ordinary basis. Indemnity costs were refused because Mr Pirintji was attempting to save time and money by having the proceedings heard together and did not act unreasonably in refusing to resolve the issues before the hearing or in bringing the motion. The liquidator's costs should be assessed forthwith because the motion was a separately identifiable matter and the liquidator, Health & Beauty and Lasersmooth were not parties to, and had no further involvement in, the common law proceedings.

Court Disposition

Mr Pirintji was ordered to pay the plaintiffs' and liquidator's costs on the ordinary basis; indemnity costs were refused; leave was granted for the liquidator's costs to be assessed forthwith.

Orders

  • ["The defendant in proceedings No 2011/363483 – Cosmetic Laser Pty Ltd v Steven Michael Pirintji is to pay the plaintiffs' costs of the further amended motion filed 21 August 2015 in those proceedings, as well as the plaintiffs' costs of the further amended notice of motion on an ordinary basis as agreed or assessed...