Allsop Investments Pty Ltd v Jerkovic [2023] NSWSC 899

Allsop Investments Pty Ltd v Jerkovic [2023] NSWSC 899

There was no separately identifiable matter determined, the amendment application was successful and not unreasonable, evidence indicated limited financial resources which may stultify proceedings if costs ordered forthwith, and overall circumstances did not justify departure from the standard rule; thus, costs are not payable forthwith.

Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Civil / Interlocutory Decision on Costs Following Amendment of Pleadings
Outcome
Application for costs to be payable forthwith refused.
Legal Topics
['costs' 'interlocutory Proceedings' 'leave to Amend Pleadings']
['equity'] ['costs' 'interlocutory Proceedings' 'leave to Amend Pleadings']

Case Brief

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Procedural Posture

Civil / Interlocutory Decision on Costs Following Amendment of Pleadings

Legal Issues

  1. 1 ["Whether the costs of the defendants arising from plaintiff's amendment motion should be payable forthwith or at the end of proceedings"]

Ratio Decidendi

There was no separately identifiable matter determined, the amendment application was successful and not unreasonable, evidence indicated limited financial resources which may stultify proceedings if costs ordered forthwith, and overall circumstances did not justify departure from the standard rule; thus, costs are not payable forthwith.

Court Disposition

Application for costs to be payable forthwith refused.

Orders

  • ['Costs on motion not payable forthwith.']