Comsec Campsie Pty Ltd v Comsec Training Pty Ltd [2018] NSWDC 247

Comsec Campsie Pty Ltd v Comsec Training Pty Ltd [2018] NSWDC 247

Because Mr Miles consented to dismissal of his cross-claim, the cross-defendants were wholly successful and he had to pay the costs referable to the cross-claim. Because Mr Miles' notice of motion caused Mr Lin to engage solicitors and incur costs, and Mr Miles then abandoned the motion, Mr Miles had to pay Mr Lin's costs of the motion.

Jurisdiction
Australia
Judgment Date
15 August 2018
Procedural Posture
Civil Costs Decision / Proceedings Resolved by Consent; Residual Costs Questions Determined
Outcome
Consent orders made; cross-claim dismissed by consent; notice of motion withdrawn; costs ordered against Phillip Miles; hearing date vacated.
Legal Topics
['costs of Cross Claim Dismissed by Consent' 'costs of Notice of Motion Not Pressed' 'joinder Application Withdrawn']
['civil Procedure' 'costs'] ['costs of Cross Claim Dismissed by Consent' 'costs of Notice of Motion Not Pressed' 'joinder Application Withdrawn']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Costs Decision / Proceedings Resolved by Consent; Residual Costs Questions Determined

Legal Issues

  1. 1 ['Whether Phillip Miles should pay the costs of the cross-claim after consenting to its dismissal.' "Whether Phillip Miles should pay Andrew Lin's costs of the notice of motion seeking to join Andrew Lin after the motion was not pressed."]

Ratio Decidendi

Because Mr Miles consented to dismissal of his cross-claim, the cross-defendants were wholly successful and he had to pay the costs referable to the cross-claim. Because Mr Miles' notice of motion caused Mr Lin to engage solicitors and incur costs, and Mr Miles then abandoned the motion, Mr Miles had to pay Mr Lin's costs of the motion.

Court Disposition

Consent orders made; cross-claim dismissed by consent; notice of motion withdrawn; costs ordered against Phillip Miles; hearing date vacated.

Orders

  • ['Make orders in accordance with the Consent Order signed and dated by the representatives of the parties and initialled by me, subject to the orders below.' 'By consent, cross-claim dismissed.' "Note the third defendant's notice of motion to join Andrew Lin withdrawn." "Order the cross-claimant, Phillip Miles, to...