In the matter of Punters Show Pty Limited [2022] NSWSC 43

In the matter of Punters Show Pty Limited [2022] NSWSC 43

The adjournment application was dismissed because the plaintiffs had ample notice of the costs hearing, had not complied with directions, gave no adequate explanation for failing to seek an adjournment earlier, and the defendants had prepared for the hearing. The costs orders sought in paragraphs 1 to 3 of the notice of motion were appropriate because the improper withdrawals claim was distinct and severable, was successful only for Punters Show against Mr Baker, and all other claims against the defendants failed except the settled money claim. Existing interlocutory costs orders should not be disturbed, no special interest order from the dates costs were paid was justified, and the...

Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Costs Application in Equity Corporations List / Defendants' Notice of Motion for Costs After Partial Successful Appeal and Remitter; Plaintiffs' Informal Adjournment Application
Outcome
Plaintiffs' informal adjournment application dismissed; defendants' costs motion granted in terms of paragraphs 1 to 4 and 7 of the notice of motion filed on 13 December 2021; proposed interest order refused and no separate order made on the recusal application costs.
Legal Topics
['informal Adjournment Application' 'costs Following the Event' 'mixed Outcome of Proceedings' 'apportionment of Costs Between Severable Claims' 'interest on Costs' 'interlocutory Costs Orders']
['practice and Procedure' 'costs' 'corporations'] ['informal Adjournment Application' 'costs Following the Event' 'mixed Outcome of Proceedings' 'apportionment of Costs Between Severable Claims' 'interest on Costs' 'interlocutory Costs Orders']

Case Brief

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Procedural Posture

Costs Application in Equity Corporations List / Defendants' Notice of Motion for Costs After Partial Successful Appeal and Remitter; Plaintiffs' Informal Adjournment Application

Legal Issues

  1. 1 ["Whether the plaintiffs' informal application to adjourn the hearing of the defendants' costs motion should be granted." "What costs orders should be made after the plaintiffs' limited success on appeal on the improper withdrawals claim and failure of other claims, save for the settled money claim." 'Whether outstanding interlocutory costs orders should be disturbed.' 'Whether the defendants should receive interest on costs from the date on which the costs were paid.' "Whether the plaintiffs should pay the defendants' costs of the costs motion."]

Ratio Decidendi

The adjournment application was dismissed because the plaintiffs had ample notice of the costs hearing, had not complied with directions, gave no adequate explanation for failing to seek an adjournment earlier, and the defendants had prepared for the hearing. The costs orders sought in paragraphs 1 to 3 of the notice of motion were appropriate because the improper withdrawals claim was distinct and severable, was successful only for Punters Show against Mr Baker, and all other claims against the defendants failed except the settled money claim. Existing interlocutory costs orders should not be disturbed, no special interest order from the dates costs were paid was justified, and the...

Court Disposition

Plaintiffs' informal adjournment application dismissed; defendants' costs motion granted in terms of paragraphs 1 to 4 and 7 of the notice of motion filed on 13 December 2021; proposed interest order refused and no separate order made on the recusal application costs.

Orders

  • ["The Plaintiffs are to pay the First Defendant's costs of the proceedings other than costs associated with the Improper Withdrawals Claim." "The First Defendant is to pay the Third Plaintiff's costs associated with the Improper Withdrawals Claim." "The Plaintiffs are to pay the Second to Fifth Defendants' costs of...