Father Evans v State of New South Wales (No 2) [2007] NSWSC 1381

Father Evans v State of New South Wales (No 2) [2007] NSWSC 1381

The plaintiffs' refusal to provide answers in composite form necessitated the defendants' motions and was unreasonable; thus, plaintiffs must pay the costs of and incidental to the relief claimed in paragraph (1) of the motions. For paragraph (2), as there were both successes and failures on both sides and the provision of particulars advanced the matter, costs are to be in the cause. As the strike out was not pressed, no order as to costs is appropriate for paragraph (3).

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Costs Application in Ongoing Civil Proceedings / Post Interlocutory Motion; Costs Ruling
Outcome
Costs orders made as per rulings on each paragraph of the defendants' motions
Legal Topics
['costs' 'provision of Particulars' 'case Management']
['civil Procedure'] ['costs' 'provision of Particulars' 'case Management']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application in Ongoing Civil Proceedings / Post Interlocutory Motion; Costs Ruling

Legal Issues

  1. 1 ['Which party should pay costs of motions for provision of further and better particulars' 'Whether costs should be in the cause for specific relief' 'Effect of consent and abandonment of issues on costs']

Ratio Decidendi

The plaintiffs' refusal to provide answers in composite form necessitated the defendants' motions and was unreasonable; thus, plaintiffs must pay the costs of and incidental to the relief claimed in paragraph (1) of the motions. For paragraph (2), as there were both successes and failures on both sides and the provision of particulars advanced the matter, costs are to be in the cause. As the strike out was not pressed, no order as to costs is appropriate for paragraph (3).

Court Disposition

Costs orders made as per rulings on each paragraph of the defendants' motions

Orders

  • ["Plaintiff in proceedings 20152/05 and plaintiffs in each of the 24 related proceedings to pay the defendants' costs of and incidental to the relief claimed in paragraph (1) of the motions." 'The costs of and incidental to the relief claimed in paragraph (2) of the motions are costs in the cause.' "No order as to...