ERG Transit Systems Ltd v Keane Australia Micropayment Consortium Pty Ltd; ERG Transit Systems Ltd v Keane Australia Micropayment Consortium Pty Limited [2009] NSWSC 1334
ERG Transit is ordered to pay Kamco's costs because there are no special principles applicable to cross-vesting applications and costs should follow the event; ERG Transit's submission was misconceived and the proceedings were clearly for transfer.
- Jurisdiction
- Australia
- Judgment Date
- 02 December 2009
- Procedural Posture
- Cross Vesting Application / Costs Ruling Following Orders for Transfer
- Outcome
- Plaintiff ordered to pay defendant's costs of the cross-vesting motion
- Legal Topics
- ['costs' 'cross Vesting Applications']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Cross Vesting Application / Costs Ruling Following Orders for Transfer
Legal Issues
- 1 ['Whether the plaintiff should pay the defendant’s costs of the motion seeking cross-vesting orders']
Ratio Decidendi
ERG Transit is ordered to pay Kamco's costs because there are no special principles applicable to cross-vesting applications and costs should follow the event; ERG Transit's submission was misconceived and the proceedings were clearly for transfer.
Court Disposition
Plaintiff ordered to pay defendant's costs of the cross-vesting motion
Orders
- ["ERG Transit is to pay Kamco's costs of and occasioned by the notices of motion seeking the cross-vesting orders in each set of proceedings."]
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