In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 400

In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 400

The Plaintiffs reasonably did not consent to leave in the form originally sought because the application extended to affidavits and parts of affidavits with no apparent relevance, and the Second-Fourth Defendants put the Plaintiffs to the costs of participating in the application by failing to lead evidence within time and by bringing an application that had to be significantly narrowed. The usual position therefore applied, with the costs discounted to 75% because the Plaintiffs accepted that discount.

Jurisdiction
Australia
Judgment Date
20 April 2021
Procedural Posture
Costs Application in Equity Corporations List Proceedings / Determination in Chambers of Costs of Notice of Motion Seeking Leave to Rely on Affidavits Served Out of Time
Outcome
Second-Fourth Defendants ordered to pay 75% of the Plaintiffs' costs of the application for leave to read affidavits served out of time.
Legal Topics
['costs Follow the Event' 'leave to Rely on Affidavits Served Out of Time' 'dispensation From Court Orders' 'irrelevant Evidence']
['costs' 'civil Procedure' 'corporations'] ['costs Follow the Event' 'leave to Rely on Affidavits Served Out of Time' 'dispensation From Court Orders' 'irrelevant Evidence']

Case Brief

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Procedural Posture

Costs Application in Equity Corporations List Proceedings / Determination in Chambers of Costs of Notice of Motion Seeking Leave to Rely on Affidavits Served Out of Time

Legal Issues

  1. 1 ["Whether the Second-Fourth Defendants should pay the Plaintiffs' costs of the motion seeking leave to rely on affidavits served out of time." 'Whether the costs should be discounted where the application was narrowed and the Plaintiffs accepted a 75% costs order.']

Ratio Decidendi

The Plaintiffs reasonably did not consent to leave in the form originally sought because the application extended to affidavits and parts of affidavits with no apparent relevance, and the Second-Fourth Defendants put the Plaintiffs to the costs of participating in the application by failing to lead evidence within time and by bringing an application that had to be significantly narrowed. The usual position therefore applied, with the costs discounted to 75% because the Plaintiffs accepted that discount.

Court Disposition

Second-Fourth Defendants ordered to pay 75% of the Plaintiffs' costs of the application for leave to read affidavits served out of time.

Orders

  • ["The Second-Fourth Defendants pay 75% of the Plaintiffs' costs of and incidental to the motion filed on 8 February 2021, including the hearing of that motion, as agreed or as assessed."]