Cohen v Morgans [2019] NSWSC 1751

Cohen v Morgans [2019] NSWSC 1751

The plaintiff was unsuccessful on the issue whether there was a binding and enforceable agreement constituted in the telephone conversation, and there was no special reason warranting departure from the ordinary rule that costs should follow the event; accordingly, the previous costs order was not varied.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Costs / Plaintiff Sought Variation of the Costs Order Made on 22 November 2019 After Dismissal of the Summons Filed on 14 December 2018.
Outcome
Application to vary the costs order refused.
Legal Topics
['variation of Costs Order' 'costs Follow the Event' 'special Reason to Depart From Ordinary Costs Rule']
['costs'] ['variation of Costs Order' 'costs Follow the Event' 'special Reason to Depart From Ordinary Costs Rule']

Case Brief

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Procedural Posture

Costs / Plaintiff Sought Variation of the Costs Order Made on 22 November 2019 After Dismissal of the Summons Filed on 14 December 2018.

Legal Issues

  1. 1 ['Whether the costs order made on 22 November 2019 should be varied.' 'Whether there was a special reason warranting departure from the general rule that costs should follow the event.']

Ratio Decidendi

The plaintiff was unsuccessful on the issue whether there was a binding and enforceable agreement constituted in the telephone conversation, and there was no special reason warranting departure from the ordinary rule that costs should follow the event; accordingly, the previous costs order was not varied.

Court Disposition

Application to vary the costs order refused.

Orders

  • ['Refuse to vary the costs order made on 22 November 2019.']