Curve Securities Pty Ltd v Young (No 3) [2022] NSWSC 1605

Curve Securities Pty Ltd v Young (No 3) [2022] NSWSC 1605

Although the plaintiff was seeking a dispensation or indulgence, the Court had ultimately found that Curve articulated its allegations with sufficient specificity and that the defendants' opposition to aspects of the proposed amendment reflected a misunderstanding of what was alleged. The appropriate costs result was that each party pay its own costs of the hearing on 14 October 2022, while the plaintiff pay the defendants' costs thrown away by the amendments and specified costs of the plaintiff's Notice of Motion and the second defendant's Notice of Motion, excluding disclosure costs.

Jurisdiction
Australia
Judgment Date
23 November 2022
Procedural Posture
Costs / On the Papers Determination of Costs of the Parties' Notices of Motion Dated 2 June 2022 and 16 June 2022 Following Leave to Amend the Commercial List Statement
Outcome
Orders made as to costs of the parties' Notices of Motion dated 2 June 2022 and 16 June 2022.
Legal Topics
['costs of Amendment' 'costs Thrown Away' 'leave to Amend Commercial List Statement' 'notices of Motion' 'discovery Costs']
['costs' 'civil Procedure' 'equity Commercial List'] ['costs of Amendment' 'costs Thrown Away' 'leave to Amend Commercial List Statement' 'notices of Motion' 'discovery Costs']

Case Brief

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Procedural Posture

Costs / On the Papers Determination of Costs of the Parties' Notices of Motion Dated 2 June 2022 and 16 June 2022 Following Leave to Amend the Commercial List Statement

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs of resisting the plaintiff's Notice of Motion filed on 2 June 2022 despite obtaining leave to amend its Commercial List Statement." 'Whether there should be an order for costs of the hearing on 14 October 2022.' "Whether costs payable in respect of the second defendant's Notice of Motion filed on 16 June 2022 should exclude costs concerning its application for disclosure of documents."]

Ratio Decidendi

Although the plaintiff was seeking a dispensation or indulgence, the Court had ultimately found that Curve articulated its allegations with sufficient specificity and that the defendants' opposition to aspects of the proposed amendment reflected a misunderstanding of what was alleged. The appropriate costs result was that each party pay its own costs of the hearing on 14 October 2022, while the plaintiff pay the defendants' costs thrown away by the amendments and specified costs of the plaintiff's Notice of Motion and the second defendant's Notice of Motion, excluding disclosure costs.

Court Disposition

Orders made as to costs of the parties' Notices of Motion dated 2 June 2022 and 16 June 2022.

Orders

  • ["The plaintiff is to pay the defendants' costs thrown away by reason of the amendments in the Amended Commercial List Statement filed in accordance with the leave granted in order 1 made 16 November 2022." "The plaintiff is to pay the defendants' costs of the plaintiff's Notice of Motion filed on 2 June 2022,...