Freelancer International Pty Ltd v Matthew O’Kane [2019] NSWSC 159

Freelancer International Pty Ltd v Matthew O’Kane [2019] NSWSC 159

The defendant's conduct, in deliberately deleting documents while on notice of the plaintiff's intention to seek interlocutory relief, was unreasonable and warranted departure from the usual costs rule, resulting in an order that defendant pay plaintiff's costs despite the proceedings being dismissed before hearing on merits.

Parties
Plaintiff: Freelancer International Pty Ltd; Defendant: Matthew O'Kane
Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Application for Asset Preservation Orders and Preliminary Discovery / Dismissal Before Hearing on Merits, Costs
Outcome
Proceedings dismissed on plaintiff's application; defendant to pay plaintiff's costs.
Legal Topics
Costs, Preliminary Discovery, Asset Preservation Orders, Confidential Information
Equity Civil Procedure Costs Preliminary Discovery Asset Preservation Orders Confidential Information

Case Brief

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Parties

Freelancer International Pty Ltd

Plaintiff

Matthew O'Kane

Defendant

Procedural Posture

Application for Asset Preservation Orders and Preliminary Discovery / Dismissal Before Hearing on Merits, Costs

Legal Issues

  1. 1 Whether defendant's conduct warrants a costs order against defendant in proceedings dismissed before hearing on merits
  2. 2 Whether plaintiff acted reasonably in commencing proceedings in response to the threatened deletion of confidential information

Ratio Decidendi

The defendant's conduct, in deliberately deleting documents while on notice of the plaintiff's intention to seek interlocutory relief, was unreasonable and warranted departure from the usual costs rule, resulting in an order that defendant pay plaintiff's costs despite the proceedings being dismissed before hearing on merits.

Court Disposition

Proceedings dismissed on plaintiff's application; defendant to pay plaintiff's costs.

Orders

  • The proceedings be dismissed on the application of the plaintiff under r 29.8 of the Uniform Civil Procedure Rules 2005 (NSW).
  • The defendant is to pay the plaintiff's costs of the proceedings, including the costs of and in relation to the notice of motion filed 29 November 2018 and the hearing on 20 February 2019.