Drip World Pty Ltd v Dardy Touring Corp (No 2) [2021] NSWSC 74

Drip World Pty Ltd v Dardy Touring Corp (No 2) [2021] NSWSC 74

The proceedings as constituted were bound to fail because Drip World Pty Ltd did not exist at the relevant time, and it must have known its claim could not succeed; therefore, WME is awarded indemnity costs up to 3 December 2020 and party-party costs thereafter.

Parties
Plaintiff: Drip World Pty Ltd; First Defendant: Dardy Touring Corp; Second Defendant: William Morris Endeavour Entertainment, LLC
Jurisdiction
Australia
Judgment Date
12 February 2021
Procedural Posture
Costs Application / Post Judgment
Outcome
Plaintiff to pay second defendant's costs, on an indemnity basis up to, but not including, 3 December 2020, and on a party-party basis thereafter.
Legal Topics
Indemnity Costs, Costs Following the Event, Amendment of Proceedings, Party Substitution
Costs Indemnity Costs Costs Following the Event Amendment of Proceedings Party Substitution

Case Brief

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Parties

Drip World Pty Ltd

Plaintiff

Dardy Touring Corp

First Defendant

William Morris Endeavour Entertainment, LLC

Second Defendant

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether costs should follow the event
  2. 2 Whether indemnity costs are appropriate
  3. 3 Effect of plaintiff's non-existence at material date

Ratio Decidendi

The proceedings as constituted were bound to fail because Drip World Pty Ltd did not exist at the relevant time, and it must have known its claim could not succeed; therefore, WME is awarded indemnity costs up to 3 December 2020 and party-party costs thereafter.

Court Disposition

Plaintiff to pay second defendant's costs, on an indemnity basis up to, but not including, 3 December 2020, and on a party-party basis thereafter.

Orders

  • Plaintiff to pay second defendant's costs of the proceedings on an indemnity basis up to, but not including, 3 December 2020.
  • Plaintiff to pay second defendant's costs of and after 3 December 2020 on a party-party basis.