Business Finance Pty Ltd (Receivers & Managers Appointed) v Casula Projects Pty Ltd [2021] NSWSC 674

Business Finance Pty Ltd (Receivers & Managers Appointed) v Casula Projects Pty Ltd [2021] NSWSC 674

It is not appropriate to make an order for costs against the defendant as the motion was resolved without a hearing on its merits, both parties acted reasonably, and there was no binding agreement as to costs.

Jurisdiction
Australia
Judgment Date
10 June 2021
Procedural Posture
Equity / Costs Determination Following Notice of Motion to Amend Statement of Claim
Outcome
No order as to costs; each party bears its own costs of the motion, including the present costs application.
Legal Topics
['costs' 'leave to Amend Statement of Claim']
['equity'] ['costs' 'leave to Amend Statement of Claim']

Case Brief

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Procedural Posture

Equity / Costs Determination Following Notice of Motion to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether costs should be awarded for a Notice of Motion to amend Statement of Claim when defendant initially opposed but later consented' 'Whether defendant acted unreasonably in opposition to motion' "Whether there was a binding agreement for defendant to pay plaintiffs' costs"]

Ratio Decidendi

It is not appropriate to make an order for costs against the defendant as the motion was resolved without a hearing on its merits, both parties acted reasonably, and there was no binding agreement as to costs.

Court Disposition

No order as to costs; each party bears its own costs of the motion, including the present costs application.

Orders

  • ['No order made for costs of the Notice of Motion filed on 30 April 2021, to the intent that each party bear its own costs of the motion, including the present costs application.']