Australian Securities Ltd v Borina Pty Ltd (No. 2) [2017] NSWSC 1163

Australian Securities Ltd v Borina Pty Ltd (No. 2) [2017] NSWSC 1163

The costs order should clarify that the defendant is to pay 50% of the plaintiff's costs of the notice of motion, and these costs include costs incurred by the plaintiff in considering and responding to draft cross-claims served prior to the motion.

Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Costs Application / Post Motion Costs Order Variation
Outcome
Order varied to clarify scope of costs to be paid
Legal Topics
['costs' 'notice of Motion' 'cross Claim']
['civil Procedure'] ['costs' 'notice of Motion' 'cross Claim']

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

Costs Application / Post Motion Costs Order Variation

Legal Issues

  1. 1 ['Whether costs should include consideration of draft cross-claims prior to the notice of motion']

Ratio Decidendi

The costs order should clarify that the defendant is to pay 50% of the plaintiff's costs of the notice of motion, and these costs include costs incurred by the plaintiff in considering and responding to draft cross-claims served prior to the motion.

Court Disposition

Order varied to clarify scope of costs to be paid

Orders

  • ["Defendant to pay 50% of plaintiff's costs of the notice of motion filed 25 May 2017, such costs to include costs of considering and responding to defendant's draft proposed cross-claims served on or about 17 February 2017 and 7 April 2017."]