Belcastro v Nakhl & Ors (No 2) [2014] NSWSC 1559

Belcastro v Nakhl & Ors (No 2) [2014] NSWSC 1559

The orders on the interlocutory motion constituted the event, and each party had a measure of success and failure: the insurers succeeded on the adequacy of the pleadings and the plaintiffs succeeded in obtaining joinder. No delicate balancing was required, so the appropriate order remained that the costs of the motion be costs in the cause.

Jurisdiction
Australia
Judgment Date
07 November 2014
Procedural Posture
Interlocutory Application / Application on the Papers to Vary Costs Order Pronounced on 24 September 2014
Outcome
Costs order pronounced on 24 September 2014 confirmed.
Legal Topics
['costs of Interlocutory Motion' 'costs in the Cause' 'variation of Costs Order' 'joinder' 'pleadings']
['civil Procedure' 'costs'] ['costs of Interlocutory Motion' 'costs in the Cause' 'variation of Costs Order' 'joinder' 'pleadings']

Case Brief

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Procedural Posture

Interlocutory Application / Application on the Papers to Vary Costs Order Pronounced on 24 September 2014

Legal Issues

  1. 1 ['Whether the costs order that the costs of the motion be costs in the cause should be varied.' 'Whether the outcome of the interlocutory motion should be characterised as success for the insurers, success for the plaintiffs, or a draw for costs purposes.']

Ratio Decidendi

The orders on the interlocutory motion constituted the event, and each party had a measure of success and failure: the insurers succeeded on the adequacy of the pleadings and the plaintiffs succeeded in obtaining joinder. No delicate balancing was required, so the appropriate order remained that the costs of the motion be costs in the cause.

Court Disposition

Costs order pronounced on 24 September 2014 confirmed.

Orders

  • ['I confirm the costs order pronounced on 24th September 2014.']