In the matter of Orix Australia Corporation Limited [2021] NSWSC 17

In the matter of Orix Australia Corporation Limited [2021] NSWSC 17

Because the parties achieved a mixed result, and Mr Carter's success on the issue concerning the use of the term "illegitimate" in several paragraphs of the Statement of Claim was of some significance to the case he had to meet, the result was not usefully assessed by estimating time spent on particular issues; the appropriate order was that the costs of and incidental to the hearing of the Interlocutory Process on 26 November 2020 be costs in the cause.

Jurisdiction
Australia
Judgment Date
20 January 2021
Procedural Posture
Costs Determination in Equity Corporations List Proceedings / On the Papers After Interlocutory Strike Out Application Heard on 26 November 2020
Outcome
Costs of and incidental to the hearing of the Interlocutory Process on 26 November 2020 ordered to be costs in the cause.
Legal Topics
['costs of Interlocutory Application' 'mixed Result' 'strike Out Application' 'costs in the Cause']
['civil Procedure' 'costs' 'corporations'] ['costs of Interlocutory Application' 'mixed Result' 'strike Out Application' 'costs in the Cause']

Case Brief

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Procedural Posture

Costs Determination in Equity Corporations List Proceedings / On the Papers After Interlocutory Strike Out Application Heard on 26 November 2020

Legal Issues

  1. 1 ["What costs order should be made after the First Defendant's interlocutory strike out application produced a mixed result." 'Whether costs should follow the event in favour of Orix or whether the costs of the interlocutory application should be costs in the cause.']

Ratio Decidendi

Because the parties achieved a mixed result, and Mr Carter's success on the issue concerning the use of the term "illegitimate" in several paragraphs of the Statement of Claim was of some significance to the case he had to meet, the result was not usefully assessed by estimating time spent on particular issues; the appropriate order was that the costs of and incidental to the hearing of the Interlocutory Process on 26 November 2020 be costs in the cause.

Court Disposition

Costs of and incidental to the hearing of the Interlocutory Process on 26 November 2020 ordered to be costs in the cause.

Orders

  • ['Costs of and incidental to the hearing of the Interlocutory Process on 26 November 2020 be costs in the cause.']