In-Style Developments Pty Ltd v La & Anor (No.2) [2022] NSWDC 690

In-Style Developments Pty Ltd v La & Anor (No.2) [2022] NSWDC 690

Because the plaintiff had withdrawn its claims, the defendants/cross-claimants had succeeded on their cross-claim, the damages were readily quantifiable by reference to the earlier findings, and the plaintiff filed no opposing submissions, the substance of the defendants' proposed orders was unanswerable and judgment with ordinary costs was ordered.

Jurisdiction
Australia
Judgment Date
21 February 2023
Procedural Posture
Civil / Dispositive Orders After Delivery of Reasons
Outcome
Judgment for the defendants/cross-claimants; the plaintiff to pay the defendants/cross-claimants' costs on the ordinary basis.
Legal Topics
['judgments and Orders' 'interest on Judgment Claims' 'costs on the Ordinary Basis']
['civil Procedure' 'costs'] ['judgments and Orders' 'interest on Judgment Claims' 'costs on the Ordinary Basis']

Case Brief

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Procedural Posture

Civil / Dispositive Orders After Delivery of Reasons

Legal Issues

  1. 1 ['What dispositive orders should be made after delivery of reasons for judgment.' 'Whether judgment should be entered for the defendants/cross-claimants and in what amount.' "Whether the plaintiff should pay the defendants/cross-claimants' costs on the ordinary basis."]

Ratio Decidendi

Because the plaintiff had withdrawn its claims, the defendants/cross-claimants had succeeded on their cross-claim, the damages were readily quantifiable by reference to the earlier findings, and the plaintiff filed no opposing submissions, the substance of the defendants' proposed orders was unanswerable and judgment with ordinary costs was ordered.

Court Disposition

Judgment for the defendants/cross-claimants; the plaintiff to pay the defendants/cross-claimants' costs on the ordinary basis.

Orders

  • ['Judgment for the defendants/cross-claimants for the sum of $494,398.31.' "The plaintiff is to pay the defendants/cross-claimants' costs of the proceeding on the ordinary basis, as agreed or assessed."]