Kyriacou v Raphis Securities Pty Ltd (No 2) [2022] NSWSC 339

Kyriacou v Raphis Securities Pty Ltd (No 2) [2022] NSWSC 339

The court applied the principle that costs usually follow the event in interlocutory applications, with appropriate apportionment where mixed success occurred. Costs were allocated with reference to parties' success and sensible offers made, reflecting judicial discretion and effective case management considerations.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Interlocutory Applications for Costs / Post Interlocutory, Costs Determination
Outcome
Interlocutory costs orders made as specified.
Legal Topics
['costs' 'case Management' 'consolidation of Proceedings' 'leave to Amend Pleadings']
['civil Procedure' 'equity'] ['costs' 'case Management' 'consolidation of Proceedings' 'leave to Amend Pleadings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications for Costs / Post Interlocutory, Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event in interlocutory applications' 'Appropriate apportionment of costs between parties' 'Whether specific offers should affect costs orders']

Ratio Decidendi

The court applied the principle that costs usually follow the event in interlocutory applications, with appropriate apportionment where mixed success occurred. Costs were allocated with reference to parties' success and sensible offers made, reflecting judicial discretion and effective case management considerations.

Court Disposition

Interlocutory costs orders made as specified.

Orders

  • ["First and second respondents to the amended notice of motion dated 25 January 2022 to pay 25% of plaintiffs' costs in the Raphis Proceeding for the consolidation motion on the ordinary basis." 'Plaintiffs in the Raphis Proceeding to pay the costs of the ninth and tenth respondents for the amendment motion, limited...