Woods v Scipione (No 2) [2014] NSWSC 1331

Woods v Scipione (No 2) [2014] NSWSC 1331

Because the summons was dismissed as against the first to third and fifth to tenth defendants and there was no basis for departing from the usual order, the first plaintiff was to pay those defendants' costs, except costs incurred to defend relief sought by the second and third plaintiffs. In the circumstances concerning the fourth defendant, including the Attorney General's submissions and the conclusion that the relief claimed against the fourth defendant could not be granted, no order for costs was appropriate for that part of the summons.

Jurisdiction
Australia
Judgment Date
29 September 2014
Procedural Posture
Costs / On the Papers After Judgment Dismissing the Summons in Respect of the First to Third and Fifth to Tenth Defendants
Outcome
The first plaintiff is to pay the costs incurred by the first to third and fifth to tenth defendants except in respect of those incurred to defend the relief sought by the second and third plaintiffs.
Legal Topics
['usual Order as to Costs' 'costs Following the Event' 'costs on Dismissal of Proceedings']
['costs' 'civil Procedure'] ['usual Order as to Costs' 'costs Following the Event' 'costs on Dismissal of Proceedings']

Case Brief

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Procedural Posture

Costs / On the Papers After Judgment Dismissing the Summons in Respect of the First to Third and Fifth to Tenth Defendants

Legal Issues

  1. 1 ['Whether costs should follow the event after dismissal of the summons against the first to third and fifth to tenth defendants.' 'Whether the first plaintiff should pay the costs of the first to third and fifth to tenth defendants.' 'Whether any order for costs should be made in respect of the fourth defendant.']

Ratio Decidendi

Because the summons was dismissed as against the first to third and fifth to tenth defendants and there was no basis for departing from the usual order, the first plaintiff was to pay those defendants' costs, except costs incurred to defend relief sought by the second and third plaintiffs. In the circumstances concerning the fourth defendant, including the Attorney General's submissions and the conclusion that the relief claimed against the fourth defendant could not be granted, no order for costs was appropriate for that part of the summons.

Court Disposition

The first plaintiff is to pay the costs incurred by the first to third and fifth to tenth defendants except in respect of those incurred to defend the relief sought by the second and third plaintiffs.

Orders

  • ['The first plaintiff is to pay the costs incurred by the first to third and fifth to tenth defendants except in respect of those incurred to defend the relief sought by the second and third plaintiffs.']