Sydney Markets Credit Services Co-operative Ltd v Taylor (No. 3) [2015] NSWSC 1236

Sydney Markets Credit Services Co-operative Ltd v Taylor (No. 3) [2015] NSWSC 1236

Taking into account the late amendments and late evidence by ACN 123, which disadvantaged Sydney Markets, the Court determined a percentage based costs order better reflected the contest. Sydney Markets is ordered to pay 40 per cent of ACN 123's costs; each party to bear its costs of the vacated hearing date.

Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Civil / Costs Determination After Judgment
Outcome
Sydney Markets to pay 40 per cent of ACN 123's costs; each party to bear its own costs for vacated hearing date; liberty to apply.
Legal Topics
['costs' 'civil Procedure' 'costs Following the Event' 'late Amendment of Pleadings']
['equity'] ['costs' 'civil Procedure' 'costs Following the Event' 'late Amendment of Pleadings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether costs should follow the event in two proceedings heard together' 'Whether the plaintiff in the first proceeding should have all costs both before and after a late pleading amendment' 'Assessment of proportionate costs due to late pleadings and evidence']

Ratio Decidendi

Taking into account the late amendments and late evidence by ACN 123, which disadvantaged Sydney Markets, the Court determined a percentage based costs order better reflected the contest. Sydney Markets is ordered to pay 40 per cent of ACN 123's costs; each party to bear its costs of the vacated hearing date.

Court Disposition

Sydney Markets to pay 40 per cent of ACN 123's costs; each party to bear its own costs for vacated hearing date; liberty to apply.

Orders

  • ["Order that Sydney Markets pay 40 per cent of ACN 123's costs of both proceedings." "Order that each party bear its own costs of the vacated costs hearing date of 18 May 2015, to the intent that the parties' costs of this hearing date should not be included in the costs assessment." "Grant liberty to apply on two...