Proactive Management Specialists Pty Ltd v Over Fifty Funds Capital Ltd [2008] NSWSC 82

Proactive Management Specialists Pty Ltd v Over Fifty Funds Capital Ltd [2008] NSWSC 82

The first and third defendants were ordered to pay the plaintiffs' costs of the motions because the motions were very late, repeated earlier unsuccessful amendment attempts, and would have disrupted the fixed continuation of the trial; Hamilton J considered that the same costs order would have been made even if the motions had succeeded.

Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Procedural and Other Ruling in Equity Division Proceedings / Interlocutory Motions by the First and Third Defendants for Amendments to Their Defences Were Withdrawn; Costs and Trial Directions Determined
Outcome
Motions to amend withdrawn; first and third defendants ordered to pay the plaintiffs' costs of the motions; further trial and pleading directions made.
Legal Topics
['costs of Interlocutory Proceedings' 'abandoned Applications' 'amendment of Defences' 'trial Fixtures']
['civil Procedure' 'costs'] ['costs of Interlocutory Proceedings' 'abandoned Applications' 'amendment of Defences' 'trial Fixtures']

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

Procedural and Other Ruling in Equity Division Proceedings / Interlocutory Motions by the First and Third Defendants for Amendments to Their Defences Were Withdrawn; Costs and Trial Directions Determined

Legal Issues

  1. 1 ["Whether the first and third defendants should pay the plaintiffs' costs of withdrawn motions to amend their defences." 'Whether the proposed amendments would disrupt the fixed dates for the continued hearing of the proceedings.' 'What consequential directions should be made for the filing of amended defences and trial dates.']

Ratio Decidendi

The first and third defendants were ordered to pay the plaintiffs' costs of the motions because the motions were very late, repeated earlier unsuccessful amendment attempts, and would have disrupted the fixed continuation of the trial; Hamilton J considered that the same costs order would have been made even if the motions had succeeded.

Court Disposition

Motions to amend withdrawn; first and third defendants ordered to pay the plaintiffs' costs of the motions; further trial and pleading directions made.

Orders

  • ["The first and third defendants are to pay the plaintiffs' costs of the motions to amend, excluding costs of the day not attributable to the motions." 'The amended defences are to assume the form indicated on 12 December 2007, with the proposed amendment to paragraph 8 excised, paragraph 17(e) excised from each...