Arys Health Pty Ltd v Le (No 2) [2020] NSWSC 198

Arys Health Pty Ltd v Le (No 2) [2020] NSWSC 198

The Court exercised discretion to vary the prior costs order, determining that the costs of the interlocutory application should be Arys Health's costs in the cause, reflecting Arys Health's limited success and the interlocutory application's connection to unresolved substantive matters.

Jurisdiction
Australia
Judgment Date
06 March 2020
Procedural Posture
Interlocutory Application (costs Variation) / Post Interlocutory Relief; Costs Order Variation
Outcome
Order varied; costs of plaintiff's interlocutory application are plaintiff's costs in the cause.
Legal Topics
['costs' 'interlocutory Injunction' 'variation of Costs Order']
['equity' 'civil Procedure'] ['costs' 'interlocutory Injunction' 'variation of Costs Order']

Case Brief

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Procedural Posture

Interlocutory Application (costs Variation) / Post Interlocutory Relief; Costs Order Variation

Legal Issues

  1. 1 ["Should the plaintiff's costs of the interlocutory application be paid by the first defendant or be the plaintiff's costs in the cause?" 'Should any costs order be made in favour of or against the second defendant (SMSA)?']

Ratio Decidendi

The Court exercised discretion to vary the prior costs order, determining that the costs of the interlocutory application should be Arys Health's costs in the cause, reflecting Arys Health's limited success and the interlocutory application's connection to unresolved substantive matters.

Court Disposition

Order varied; costs of plaintiff's interlocutory application are plaintiff's costs in the cause.

Orders

  • ["Pursuant to r 36.16(1) of the Uniform Civil Procedure Rules 2005 (NSW), order (2) of the orders made in these proceedings on 7 February 2020 be varied to provide that the costs of the plaintiff's application for interlocutory relief be the plaintiff's costs in the cause."]