Stav Investments Pty Ltd atf Stav Investments Family Trust & Anor v Taylor & Anor; LK Group Investments Pty Ltd v Taylor [2021] NSWSC 347

Stav Investments Pty Ltd atf Stav Investments Family Trust & Anor v Taylor & Anor; LK Group Investments Pty Ltd v Taylor [2021] NSWSC 347

Because the plaintiffs achieved some success when the defendants no longer pressed allegations that Addisons and Marque Lawyers were concurrent wrongdoers, but the plaintiffs had effectively withdrawn the strikeout application concerning Mr Stavretis and Mr Kestelman, the appropriate costs order was that the plaintiffs pay half of the defendants' costs to 18 February 2021 and that the defendants pay the plaintiffs' costs after that date.

Jurisdiction
Australia
Judgment Date
07 April 2021
Procedural Posture
Equity Commercial List Procedural Ruling / Costs Dispute Concerning Plaintiffs' Notices of Motion Filed on 24 December 2020 to Strike Out Paragraphs in Defendants' List Responses
Outcome
Plaintiffs' notices of motion of 24 December 2020 otherwise dismissed; costs apportioned between the parties; defendants directed to file and serve an Amended Commercial List Response.
Legal Topics
['strike Out Application' 'commercial List Responses' 'proportionate Liability' 'concurrent Wrongdoers' 'costs of Notices of Motion']
['civil Procedure' 'costs' 'equity Commercial List'] ['strike Out Application' 'commercial List Responses' 'proportionate Liability' 'concurrent Wrongdoers' 'costs of Notices of Motion']

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Procedural Posture

Equity Commercial List Procedural Ruling / Costs Dispute Concerning Plaintiffs' Notices of Motion Filed on 24 December 2020 to Strike Out Paragraphs in Defendants' List Responses

Legal Issues

  1. 1 ["What costs orders should be made in relation to the plaintiffs' notices of motion of 24 December 2020 after the plaintiffs did not press the strikeout application in full and the defendants no longer pressed contentions that Addisons and Marque Lawyers were concurrent wrongdoers."]

Ratio Decidendi

Because the plaintiffs achieved some success when the defendants no longer pressed allegations that Addisons and Marque Lawyers were concurrent wrongdoers, but the plaintiffs had effectively withdrawn the strikeout application concerning Mr Stavretis and Mr Kestelman, the appropriate costs order was that the plaintiffs pay half of the defendants' costs to 18 February 2021 and that the defendants pay the plaintiffs' costs after that date.

Court Disposition

Plaintiffs' notices of motion of 24 December 2020 otherwise dismissed; costs apportioned between the parties; defendants directed to file and serve an Amended Commercial List Response.

Orders

  • ['Direct that the defendants file and serve an Amended Commercial List Response by 5pm on 12 April 2021.' "Order that the plaintiffs pay half of the defendants' costs of the plaintiffs' notices of motion of 24 December 2020 to 18 February 2021 and that the defendants pay the plaintiffs' cost of the motions...