Munn v Tunks (No 2) [2014] NSWSC 506

In the absence of any submission to the contrary, and notwithstanding that the application was determined on a basis different from that raised by the defendants, costs should follow the event after the proceedings against the first and second defendants were dismissed.

Jurisdiction: Australia
Judgment Date: 01 May 2014
Procedural Posture: Defamation Proceedings / Costs Determination on Written Submissions After Dismissal of Proceedings Against the First and Second Defendants
Outcome: Plaintiff ordered to pay the first and second defendants' costs of and incidental to the notice of motion filed 13 August 2013.
Legal Topics: ['costs Follow the Event' 'service of Originating Process' 'extension of Time for Service']

['costs' 'defamation' 'civil Procedure'] ['costs Follow the Event' 'service of Originating Process' 'extension of Time for Service']

Case Brief

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Procedural Posture

Defamation Proceedings / Costs Determination on Written Submissions After Dismissal of Proceedings Against the First and Second Defendants

Legal Issues

1 ["Whether the plaintiff should pay the first and second defendants' costs of and incidental to the notice of motion filed 13 August 2013 after the proceedings against those defendants were dismissed on a basis different from that raised in their application."]

Ratio Decidendi

Court Disposition

Plaintiff ordered to pay the first and second defendants' costs of and incidental to the notice of motion filed 13 August 2013.

Orders

["The plaintiff pay the first and second defendants' costs of and incidental to the notice of motion filed 13 August 2013."]