Madanat v David (No 2) [2020] NSWSC 686

Madanat v David (No 2) [2020] NSWSC 686

Although the plaintiff succeeded on the defendants' notice of motion and costs would ordinarily follow the event, the claim was for only $5,160.04 and could have been prosecuted in the Local Court. Awarding ordinary Supreme Court costs would be unfair and disproportionate, but the defendants chose to bring and lost the strike-out motion. The appropriate order was therefore that the defendants pay the plaintiff's costs of the notice of motion only in the amount that would have been assessed had the motion been heard in the Local Court of New South Wales. Because the proceedings were not appropriate to be prosecuted in the Supreme Court, they were transferred to the District Court of New...

Jurisdiction
Australia
Judgment Date
04 June 2020
Procedural Posture
Costs Application Following Dismissal of Defendants' Notice of Motion for Summary Dismissal; Application to Transfer Proceedings / On the Papers After Principal Judgment; Additional Oral Application for Transfer
Outcome
Defendants ordered to pay the plaintiff's costs of the notice of motion limited to the amount assessable as if heard in the Local Court; liberty to apply granted; proceedings transferred to the District Court of New South Wales.
Legal Topics
['party/party Costs' 'costs Where Proceedings Could Have Been Commenced in an Inferior Court' 'interlocutory Notice of Motion' 'transfer of Proceedings']
['civil Procedure' 'costs'] ['party/party Costs' 'costs Where Proceedings Could Have Been Commenced in an Inferior Court' 'interlocutory Notice of Motion' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Costs Application Following Dismissal of Defendants' Notice of Motion for Summary Dismissal; Application to Transfer Proceedings / On the Papers After Principal Judgment; Additional Oral Application for Transfer

Legal Issues

  1. 1 ["What costs order should be made after the defendants' notice of motion seeking summary dismissal was dismissed." "Whether the plaintiff's small claim in the Supreme Court warranted limiting costs by reference to the Local Court of New South Wales." 'Whether the proceedings should be transferred from the Supreme Court to another court.']

Ratio Decidendi

Although the plaintiff succeeded on the defendants' notice of motion and costs would ordinarily follow the event, the claim was for only $5,160.04 and could have been prosecuted in the Local Court. Awarding ordinary Supreme Court costs would be unfair and disproportionate, but the defendants chose to bring and lost the strike-out motion. The appropriate order was therefore that the defendants pay the plaintiff's costs of the notice of motion only in the amount that would have been assessed had the motion been heard in the Local Court of New South Wales. Because the proceedings were not appropriate to be prosecuted in the Supreme Court, they were transferred to the District Court of New...

Court Disposition

Defendants ordered to pay the plaintiff's costs of the notice of motion limited to the amount assessable as if heard in the Local Court; liberty to apply granted; proceedings transferred to the District Court of New South Wales.

Orders

  • ["Order the defendants to pay the plaintiff's costs of the defendants' notice of motion filed on 8 November 2019 in the same amount as those costs would have been assessed if the notice of motion had been heard by the Local Court of New South Wales." 'Grant liberty to apply by arrangement with the associate to Robb...