Entertainment One Films Australia Pty Ltd v Hopscotch Pictures Pty Ltd [2024] NSWSC 365

Entertainment One Films Australia Pty Ltd v Hopscotch Pictures Pty Ltd [2024] NSWSC 365

Leave to amend by including paragraphs 57 to 62 of the amended commercial list statement was refused because the plaintiffs lacked any factual foundation and had not pleaded necessary facts; costs were ordered against the plaintiffs on a gross sum basis for unnecessarily and unreasonably causing the defendants to incur legal expenses in interlocutory disputes.

Jurisdiction
Australia
Judgment Date
10 April 2024
Procedural Posture
Interlocutory Ruling in Civil Proceedings (equity Commercial List) / Costs Application and Amendment of Pleadings
Outcome
Leave to amend commercial list statement by inserting paragraphs 57 to 62 refused; gross sum costs awarded to defendants; associated previous costs orders discharged.
Legal Topics
['pleadings' 'amendment of Pleadings' 'discovery' 'gross Sum Costs Order' 'costs in Interlocutory Proceedings']
['civil Procedure' 'equity' 'commercial Law'] ['pleadings' 'amendment of Pleadings' 'discovery' 'gross Sum Costs Order' 'costs in Interlocutory Proceedings']

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Procedural Posture

Interlocutory Ruling in Civil Proceedings (equity Commercial List) / Costs Application and Amendment of Pleadings

Legal Issues

  1. 1 ['Whether leave should be granted to amend the commercial list statement including paragraphs 57-62' 'Whether plaintiffs are entitled to advance a claim lacking particularisation due to alleged lack of discovery' 'Whether a gross sum costs order should be made for interlocutory disputes']

Ratio Decidendi

Leave to amend by including paragraphs 57 to 62 of the amended commercial list statement was refused because the plaintiffs lacked any factual foundation and had not pleaded necessary facts; costs were ordered against the plaintiffs on a gross sum basis for unnecessarily and unreasonably causing the defendants to incur legal expenses in interlocutory disputes.

Court Disposition

Leave to amend commercial list statement by inserting paragraphs 57 to 62 refused; gross sum costs awarded to defendants; associated previous costs orders discharged.

Orders

  • ["The plaintiffs are to pay the defendants' costs for the period 17 February 2023 to date in connection with the identified interlocutory motions as a gross sum in the amount of $110,000, payable forthwith." "The plaintiffs are to pay the defendants' costs incurred prior to 17 February 2023 thrown away by reason of...