Benson v Rational Entertainment Enterprises Ltd (No 2) [2015] NSWSC 1261

Benson v Rational Entertainment Enterprises Ltd (No 2) [2015] NSWSC 1261

Each party enjoyed an equal measure of success, as the defendants succeeded on the trust claim but the plaintiff succeeded on contract and quasi-contract arguments raised late. Therefore, each should bear their own costs of the amended notice of motion. However, the plaintiff must pay the defendants' costs occasioned by amending his statement of claim.

Parties
Plaintiff: Gary Benson; First Defendant: Rational Entertainment Enterprises Ltd; Second Defendant: Rational Group Limited; Third Defendant: Oldford Group Limited; Fourth Defendant: Rational FT Limited
Jurisdiction
Australia
Judgment Date
01 September 2015
Procedural Posture
Costs Determination After Interlocutory Application / Post Hearing Costs Orders
Outcome
Each party to pay their own costs in respect of the amended notice of motion; plaintiff to pay defendants’ costs occasioned by amendment of the statement of claim.
Legal Topics
Costs, Pleadings, Jurisdiction
Civil Procedure Costs Pleadings Jurisdiction

Case Brief

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Parties

Gary Benson

Plaintiff

Rational Entertainment Enterprises Ltd

First Defendant

Rational Group Limited

Second Defendant

Oldford Group Limited

Third Defendant

Rational FT Limited

Fourth Defendant

Procedural Posture

Costs Determination After Interlocutory Application / Post Hearing Costs Orders

Legal Issues

  1. 1 Appropriate costs orders following dismissal of a notice of motion and plaintiff's amendment of statement of claim
  2. 2 Whether costs should follow the event given partial successes by both sides

Ratio Decidendi

Each party enjoyed an equal measure of success, as the defendants succeeded on the trust claim but the plaintiff succeeded on contract and quasi-contract arguments raised late. Therefore, each should bear their own costs of the amended notice of motion. However, the plaintiff must pay the defendants' costs occasioned by amending his statement of claim.

Court Disposition

Each party to pay their own costs in respect of the amended notice of motion; plaintiff to pay defendants’ costs occasioned by amendment of the statement of claim.

Orders

  • No order as to costs of the amended notice of motion filed on 23 June 2014—the plaintiff and defendants to pay their own costs.
  • Order that the plaintiff pay the costs of the defendants of and occasioned by the plaintiff's amendment of his statement of claim.