Berger Investment Group Limited v Coccoon Pty Ltd [2010] NSWSC 221

Berger Investment Group Limited v Coccoon Pty Ltd [2010] NSWSC 221

The plaintiffs should be ordered to pay the defendants' costs occasioned or thrown away by reason of the amendment, but there is no sufficient basis for the costs to be payable forthwith, or for the proceedings to be stayed pending payment, as there is no unreasonable conduct directly related to the amendment and the application does not concern a separately identifiable issue.

Jurisdiction
Australia
Judgment Date
29 March 2010
Procedural Posture
Civil / Interlocutory Application
Outcome
Leave granted to amend statement of claim; order for plaintiffs to pay costs occasioned or thrown away by the amendment; no order for costs payable forthwith or stay pending payment.
Legal Topics
['costs' 'amendment to Pleadings' 'late Amendment' 'interlocutory Application']
['civil Procedure'] ['costs' 'amendment to Pleadings' 'late Amendment' 'interlocutory Application']

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Should leave to amend the statement of claim be granted?' 'Should costs occasioned or thrown away by reason of the amendment be payable forthwith?' 'Should the proceedings be stayed pending payment of such costs?']

Ratio Decidendi

The plaintiffs should be ordered to pay the defendants' costs occasioned or thrown away by reason of the amendment, but there is no sufficient basis for the costs to be payable forthwith, or for the proceedings to be stayed pending payment, as there is no unreasonable conduct directly related to the amendment and the application does not concern a separately identifiable issue.

Court Disposition

Leave granted to amend statement of claim; order for plaintiffs to pay costs occasioned or thrown away by the amendment; no order for costs payable forthwith or stay pending payment.

Orders

  • ['Grant leave to amend the statement of claim.' 'Order the plaintiffs to pay the costs thrown away or occasioned by the amendment.']