Andrew Wheeler trading as PricewaterhouseCoopers v Aoyin Group Ltd (No 2) [2021] NSWSC 1115

Andrew Wheeler trading as PricewaterhouseCoopers v Aoyin Group Ltd (No 2) [2021] NSWSC 1115

The vacation of the trial was caused by Aoyin’s choice to join Baker McKenzie, not the incremental amendment by PwC, as Baker McKenzie did not need to be joined for the trial to proceed; accordingly, the cross-claimant (Aoyin) should pay the cross-defendant’s (PwC's) costs thrown away by the vacation.

Jurisdiction
Australia
Judgment Date
08 September 2021
Procedural Posture
Civil Equity Commercial List / Costs Determination After Vacation of Trial
Outcome
Cross-claimant to pay the cross-defendant's costs thrown away by reason of vacation of the trial.
Legal Topics
['costs Thrown Away' 'vacation of Trial' 'joinder of Parties' 'amendment of Pleadings']
['costs'] ['costs Thrown Away' 'vacation of Trial' 'joinder of Parties' 'amendment of Pleadings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Equity Commercial List / Costs Determination After Vacation of Trial

Legal Issues

  1. 1 ['Who should bear the costs thrown away by the vacation of an eight-day trial after amendment of defence and joinder of a new party.']

Ratio Decidendi

The vacation of the trial was caused by Aoyin’s choice to join Baker McKenzie, not the incremental amendment by PwC, as Baker McKenzie did not need to be joined for the trial to proceed; accordingly, the cross-claimant (Aoyin) should pay the cross-defendant’s (PwC's) costs thrown away by the vacation.

Court Disposition

Cross-claimant to pay the cross-defendant's costs thrown away by reason of vacation of the trial.

Orders

  • ["Order the defendant / cross-claimant to pay the plaintiff / cross-defendant's costs thrown away by reason of the vacation of the trial commencing on 17 May 2021, such costs to include the plaintiff / cross-defendant's costs of the hearing on 3 September 2021."]