(Re: Daniels) Krobar Investments Pty Ltd v Wallaby Grip (BAE) Pty Ltd (In Liquidation) [2005] NSWDDT 54

(Re: Daniels) Krobar Investments Pty Ltd v Wallaby Grip (BAE) Pty Ltd (In Liquidation) [2005] NSWDDT 54

Because the motion was filed very quickly and gave little or no time for the second cross-defendant to reconsider, but the cross-claimant was nevertheless entitled to proper answers and the remaining entitlement issues were real issues, the appropriate disposition was to make the costs of the motion costs in the cause.

Jurisdiction
Australia
Judgment Date
02 September 2005
Procedural Posture
Cross Claim in Dust Diseases Tribunal Proceedings / Interlocutory Application Concerning Answers to Interrogatories and Costs of the Motion
Outcome
Costs of the motion ordered to be costs in the cause.
Legal Topics
['interrogatories' 'strike Out Defence' 'costs in the Cause' 'cross Claims']
['civil Procedure'] ['interrogatories' 'strike Out Defence' 'costs in the Cause' 'cross Claims']

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

Cross Claim in Dust Diseases Tribunal Proceedings / Interlocutory Application Concerning Answers to Interrogatories and Costs of the Motion

Legal Issues

  1. 1 ["Whether the second cross-defendant's defence should be struck out because of alleged refusal to supply proper answers to interrogatories." 'What costs order should be made after the second cross-defendant furnished further answers to interrogatories.']

Ratio Decidendi

Because the motion was filed very quickly and gave little or no time for the second cross-defendant to reconsider, but the cross-claimant was nevertheless entitled to proper answers and the remaining entitlement issues were real issues, the appropriate disposition was to make the costs of the motion costs in the cause.

Court Disposition

Costs of the motion ordered to be costs in the cause.

Orders

  • ['The costs of the motion be costs in the cause.']