Anchorage Capital Master Offshore Pty Ltd v Sparkes (No 2) [2019] NSWSC 550

Anchorage Capital Master Offshore Pty Ltd v Sparkes (No 2) [2019] NSWSC 550

The most appropriate order is that the costs of the motion are the plaintiffs' costs of the amended claim, with costs thrown away by reason of the amendments to be paid by the plaintiffs, reflecting the plaintiffs' substantial success and the conduct of parties under modern case management principles.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Costs Application / Post Amendment Application Judgment
Outcome
Costs orders made
Legal Topics
['costs' 'amendment of Pleadings' 'case Management']
['civil Procedure'] ['costs' 'amendment of Pleadings' 'case Management']

Case Brief

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Procedural Posture

Costs Application / Post Amendment Application Judgment

Legal Issues

  1. 1 ['Appropriate order for costs following contested amendment application' 'Application of the indulgence principle to amendment applications' "Whether plaintiffs should pay defendants' costs thrown away by amendments"]

Ratio Decidendi

The most appropriate order is that the costs of the motion are the plaintiffs' costs of the amended claim, with costs thrown away by reason of the amendments to be paid by the plaintiffs, reflecting the plaintiffs' substantial success and the conduct of parties under modern case management principles.

Court Disposition

Costs orders made

Orders

  • ["The costs of the motion filed on 6 December 2018 be the plaintiffs' costs of the amended claim." 'The plaintiffs pay the defendants costs thrown away by reason of the amendments.']