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 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

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Procedural Posture

Cross Vesting Application / Costs Ruling Following Orders for Transfer

  1. 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."]