Gee v Burger [No 3] [2009] NSWSC 1153

Gee v Burger [No 3] [2009] NSWSC 1153

The appropriate costs order is that plaintiffs pay the costs of the first defendant occasioned by or thrown away by reason of the amendment, and that the other costs of the applications and of the present costs hearing be the costs of the plaintiffs in the proceedings.

Jurisdiction
Australia
Judgment Date
27 April 2009
Procedural Posture
Costs Ruling (interlocutory) / Post Interlocutory Application, Determination of Costs After Leave to Amend Application
Outcome
Costs orders made as detailed; plaintiffs to pay thrown away costs to first defendant, other costs to be plaintiffs' in the proceedings.
Legal Topics
['costs' 'leave to Amend Pleadings' 'interlocutory Applications']
['civil Procedure'] ['costs' 'leave to Amend Pleadings' 'interlocutory Applications']

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Procedural Posture

Costs Ruling (interlocutory) / Post Interlocutory Application, Determination of Costs After Leave to Amend Application

Legal Issues

  1. 1 ['Appropriate costs order following application for leave to amend statement of claim' 'Whether costs should follow the event or reflect the indulgence sought']

Ratio Decidendi

The appropriate costs order is that plaintiffs pay the costs of the first defendant occasioned by or thrown away by reason of the amendment, and that the other costs of the applications and of the present costs hearing be the costs of the plaintiffs in the proceedings.

Court Disposition

Costs orders made as detailed; plaintiffs to pay thrown away costs to first defendant, other costs to be plaintiffs' in the proceedings.

Orders

  • ["Plaintiffs to pay first defendant's costs occasioned by or thrown away due to the filing of an amended statement of claim." "Costs of plaintiffs' notice of motion filed 8 February 2008 to be costs of plaintiffs in the proceeding." "Costs of first defendant's notice of motion filed 20 March 2008 to be costs of...