Energy Global Logistics Pty Ltd v Zigga Zagga (Australia) Pty Ltd [2021] NSWSC 348

Energy Global Logistics Pty Ltd v Zigga Zagga (Australia) Pty Ltd [2021] NSWSC 348

Neither the first nor second defendant was liable for the costs claimed, as the conduct complained of did not constitute unreasonable behaviour justifying a costs order; attempts to serve the second defendant were misconceived given jurisdictional limitations; and no indemnity costs were justified. Costs should follow the event, with no order as to costs on the plaintiff's motion (subject to the exception for the hearing of extant relief, where the plaintiff is ordered to pay the defendants' costs).

Jurisdiction
Australia
Judgment Date
08 April 2021
Procedural Posture
Costs Proceedings / Interlocutory Application Determination
Outcome
Plaintiff's costs application dismissed; plaintiff to pay defendants' costs for hearing of prayers 3 and 4; other costs in the cause or each party to bear own costs.
Legal Topics
['costs' 'service of Process' 'jurisdiction' 'transfer of Proceedings']
['civil Procedure'] ['costs' 'service of Process' 'jurisdiction' 'transfer of Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Proceedings / Interlocutory Application Determination

Legal Issues

  1. 1 ['Should costs be ordered against the first and second defendants arising out of attempted service, transfer of proceedings, and notice of motion?' 'Whether conduct of parties warrants indemnity costs or costs payable forthwith.' 'Jurisdiction of District Court to order substituted service on a defendant overseas.']

Ratio Decidendi

Neither the first nor second defendant was liable for the costs claimed, as the conduct complained of did not constitute unreasonable behaviour justifying a costs order; attempts to serve the second defendant were misconceived given jurisdictional limitations; and no indemnity costs were justified. Costs should follow the event, with no order as to costs on the plaintiff's motion (subject to the exception for the hearing of extant relief, where the plaintiff is ordered to pay the defendants' costs).

Court Disposition

Plaintiff's costs application dismissed; plaintiff to pay defendants' costs for hearing of prayers 3 and 4; other costs in the cause or each party to bear own costs.

Orders

  • ['Costs reserved on summons for transfer to Supreme Court are costs in the cause (proceedings transferred back to District Court).' "No order as to costs for plaintiff's notice of motion filed 23 December 2020 and amended 12 January 2021 (each party to bear own costs)." "Plaintiff to pay defendants' costs of hearing...