Illawarra Breads Pty Limited and ors v Baker's Delight Holdings Limited [2007] NSWIRComm 260

Illawarra Breads Pty Limited and ors v Baker's Delight Holdings Limited [2007] NSWIRComm 260

Applicants must pay respondent's costs thrown away by reason of leave to amend the summons as agreed or assessed. It is premature to make any order for costs thrown away in the motion to dismiss. Respondent must pay applicants' costs of the motion to further amend the summons as agreed or assessed.

Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Post Amendment, Determination of Costs Following Successful Motion to Further Amend Summons
Outcome
Applicants ordered to pay respondent's costs thrown away by reason of leave to file further amended summons. Respondent to pay applicants' costs of notice of motion to further amend summons. No order on indemnity costs or costs of motion to dismiss at this stage.
Legal Topics
['costs' 'unfair Contract' 'jurisdiction' 'amendment of Summons']
['industrial Law'] ['costs' 'unfair Contract' 'jurisdiction' 'amendment of Summons']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Post Amendment, Determination of Costs Following Successful Motion to Further Amend Summons

Legal Issues

  1. 1 ["Should applicants pay respondent's costs thrown away by reason of amendment?" 'Should applicants pay indemnity costs thrown away in the motion to dismiss?' "Should respondent pay applicants' costs of motion to further amend the summons?"]

Ratio Decidendi

Applicants must pay respondent's costs thrown away by reason of leave to amend the summons as agreed or assessed. It is premature to make any order for costs thrown away in the motion to dismiss. Respondent must pay applicants' costs of the motion to further amend the summons as agreed or assessed.

Court Disposition

Applicants ordered to pay respondent's costs thrown away by reason of leave to file further amended summons. Respondent to pay applicants' costs of notice of motion to further amend summons. No order on indemnity costs or costs of motion to dismiss at this stage.

Orders

  • ['The respondent should have the costs thrown away by reason of the grant of leave to the applicants to file a further amended summons as agreed or assessed.' "The respondent shall pay the applicants' costs of the notice of motion filed on 2 August 2007 as agreed or assessed."]