Mizuho Bank Ltd -v- Mark Anthony Ackroyd [No 2] [2016] NSWSC 1258

Mizuho Bank Ltd -v- Mark Anthony Ackroyd [No 2] [2016] NSWSC 1258

The defendant's motion for a stay was dismissed after argument, and that dismissal was the relevant event for costs purposes. The defendant's arguments did not justify departing from the usual rule that costs follow the event, so the defendant had to pay the plaintiff's costs of the motion.

Jurisdiction
Australia
Judgment Date
09 September 2016
Procedural Posture
Equity Commercial List; Costs Ruling / After Dismissal of the Defendant's Application for a Stay; Costs Determined on Written Submissions
Outcome
Defendant to pay the plaintiff's costs of the motion.
Legal Topics
['costs Follow the Event' 'costs of Dismissed Motion' 'stay of Proceedings']
['civil Procedure' 'costs'] ['costs Follow the Event' 'costs of Dismissed Motion' 'stay of Proceedings']

Case Brief

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Procedural Posture

Equity Commercial List; Costs Ruling / After Dismissal of the Defendant's Application for a Stay; Costs Determined on Written Submissions

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs of the dismissed stay motion." 'Whether there was any reason to depart from the usual rule that costs follow the event.']

Ratio Decidendi

The defendant's motion for a stay was dismissed after argument, and that dismissal was the relevant event for costs purposes. The defendant's arguments did not justify departing from the usual rule that costs follow the event, so the defendant had to pay the plaintiff's costs of the motion.

Court Disposition

Defendant to pay the plaintiff's costs of the motion.

Orders

  • ["The defendant is to pay the plaintiff's costs of the motion, including the costs of, and incidental to, the hearing on 29 July 2016 and the argument as to costs."]