Hyman v Conway [2007] NSWSC 828

Hyman v Conway [2007] NSWSC 828

The proceedings before the court constituted the completion of a discrete aspect of the litigation, and there was no proper basis to depart from the usual rule that costs follow the event. Any shortening of the hearing due to the defendants' admission can be reflected in the quantum of costs ordered against them.

Parties
Plaintiff: Alan Winston Hyman; First Defendant: Roger Malcolm Conway; Second Defendant: Showcase Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
30 July 2007
Procedural Posture
Civil / Costs Determination After Compromise of Proceedings
Outcome
Defendants ordered to pay plaintiff's costs.
Legal Topics
Costs, Injunctions, Non Competition, Share Purchase Agreement
Procedure Equity Costs Injunctions Non Competition Share Purchase Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Winston Hyman

Plaintiff

Roger Malcolm Conway

First Defendant

Showcase Publications Pty Ltd

Second Defendant

Procedural Posture

Civil / Costs Determination After Compromise of Proceedings

Legal Issues

  1. 1 Whether costs should follow the event after compromise of proceedings
  2. 2 Whether there is justification to depart from the usual rule on costs due to defendants' admission and shortening of proceedings

Ratio Decidendi

The proceedings before the court constituted the completion of a discrete aspect of the litigation, and there was no proper basis to depart from the usual rule that costs follow the event. Any shortening of the hearing due to the defendants' admission can be reflected in the quantum of costs ordered against them.

Court Disposition

Defendants ordered to pay plaintiff's costs.

Orders

  • Orders made in terms of paragraphs 1 to 4 and 6 of the summons.
  • Defendants to pay the plaintiff's costs of today's proceedings.