Adamson v Liu & Ors (No. 2) [2009] NSWSC 864

Adamson v Liu & Ors (No. 2) [2009] NSWSC 864

The court declined to vary the costs order made by Associate Justice Macready. The existing order that the plaintiff pay the defendants' costs of and incidental to the third further amended statement of claim and the defendants' notice of motion stands. The plaintiff's financial situation is not relevant to the exercise of the court's discretion regarding the scope of costs ordered, particularly where there is ongoing litigation between the parties.

Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Equity / Consequential Orders After Judgment
Outcome
Plaintiff's application dismissed; costs of this application are costs in the proceedings.
Legal Topics
['costs' 'amendment of Pleadings' 'court Discretion']
['civil Procedure'] ['costs' 'amendment of Pleadings' 'court Discretion']

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Procedural Posture

Equity / Consequential Orders After Judgment

Legal Issues

  1. 1 ["Whether the costs order made by Associate Justice Macready should be varied to limit the plaintiff's liability for costs to only a portion of the defendant's notice of motion" "Whether the plaintiff's financial position is relevant to the determination of costs"]

Ratio Decidendi

The court declined to vary the costs order made by Associate Justice Macready. The existing order that the plaintiff pay the defendants' costs of and incidental to the third further amended statement of claim and the defendants' notice of motion stands. The plaintiff's financial situation is not relevant to the exercise of the court's discretion regarding the scope of costs ordered, particularly where there is ongoing litigation between the parties.

Court Disposition

Plaintiff's application dismissed; costs of this application are costs in the proceedings.

Orders

  • ['Orders set out in paragraph 33 of the principal judgment (including setting aside certain orders of 20 and 27 February 2009, giving leave to file a further amended statement of claim with specific conditions, and orders as to costs) are made.' 'The plaintiff pay any costs of the defendants thrown away by the...