In the matter of Anna Bay Resorts Pty Ltd [2021] NSWSC 209

In the matter of Anna Bay Resorts Pty Ltd [2021] NSWSC 209

The plaintiffs' interlocutory application was discrete because it was based on claims formulated in submissions that had not been pleaded, the costs of the application were separately identifiable, and those costs were unlikely to benefit the substantive proceedings. It was therefore appropriate to exercise the costs discretion to depart from the UCPR r 42.7 starting point and order the plaintiffs to pay the defendants' costs of the unsuccessful interlocutory process on the ordinary basis.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Equity Corporations List; Costs of Interlocutory Application / On the Papers After Dismissal of Plaintiffs' Urgent Application for an Interlocutory Injunction
Outcome
Order that the plaintiffs pay the defendants' costs of the interlocutory process on the ordinary basis, with those costs not payable until the conclusion of the proceedings.
Legal Topics
['interlocutory Injunction' 'costs of Interlocutory Process' 'ordinary Basis Costs' 'costs Discretion']
['civil Procedure' 'costs' 'corporations'] ['interlocutory Injunction' 'costs of Interlocutory Process' 'ordinary Basis Costs' 'costs Discretion']

Case Brief

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Procedural Posture

Equity Corporations List; Costs of Interlocutory Application / On the Papers After Dismissal of Plaintiffs' Urgent Application for an Interlocutory Injunction

Legal Issues

  1. 1 ["Whether the plaintiffs should pay the defendants' costs of the unsuccessful interlocutory injunction application on the ordinary basis or whether the defendants' costs should be costs in the cause." 'Whether it was appropriate to depart from the starting point established by UCPR r 42.7 for costs of an interlocutory process.']

Ratio Decidendi

The plaintiffs' interlocutory application was discrete because it was based on claims formulated in submissions that had not been pleaded, the costs of the application were separately identifiable, and those costs were unlikely to benefit the substantive proceedings. It was therefore appropriate to exercise the costs discretion to depart from the UCPR r 42.7 starting point and order the plaintiffs to pay the defendants' costs of the unsuccessful interlocutory process on the ordinary basis.

Court Disposition

Order that the plaintiffs pay the defendants' costs of the interlocutory process on the ordinary basis, with those costs not payable until the conclusion of the proceedings.

Orders

  • ["Order that the plaintiffs pay the defendants' costs of the interlocutory process filed by the plaintiffs on 24 February 2021 and heard on 25 February 2021 on the ordinary basis, in an amount agreed or assessed." 'Note that the costs referred to in order 1 above do not become payable until the conclusion of these...