Australian Financial Services and Leasing Pty Ltd v Hills Industries Limited & Ors [2011] NSWSC 912

Australian Financial Services and Leasing Pty Ltd v Hills Industries Limited & Ors [2011] NSWSC 912

Both parties acted reasonably; the third defendant’s conduct was not so unreasonable as to warrant an adverse costs order. The Court exercised its discretion to order each party to pay its own costs for the motion and present application.

Parties
Plaintiff: Australian Financial Services and Leasing Pty Ltd; Third Defendant: Jetobravo Pty Limited
Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Motion / Post Judgment Costs Application
Outcome
Each party to pay their own costs for both the 25 July 2011 motion and the present application.
Legal Topics
Costs, Freezing Orders, Evidence Settlement Privilege
Civil Procedure Costs Freezing Orders Evidence Settlement Privilege

Case Brief

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Parties

Australian Financial Services and Leasing Pty Ltd

Plaintiff

Jetobravo Pty Limited

Third Defendant

Procedural Posture

Motion / Post Judgment Costs Application

Legal Issues

  1. 1 Whether costs should be awarded for a motion disposed of without a decision on merits
  2. 2 Admissibility of evidence of settlement communications under section 131 of the Evidence Act

Ratio Decidendi

Both parties acted reasonably; the third defendant’s conduct was not so unreasonable as to warrant an adverse costs order. The Court exercised its discretion to order each party to pay its own costs for the motion and present application.

Court Disposition

Each party to pay their own costs for both the 25 July 2011 motion and the present application.

Orders

  • Each party shall pay their own costs of both the 25 July 2011 motion and the present application.