Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 1202

Global Investments Limited v Babcock & Brown Global Investments Management Pty Ltd; DIF III – Global Co-Investment Fund LP v BBLP LLC [2017] NSWSC 1202

Where a notice of motion for further discovery is unsuccessful and determined finally, costs should be awarded to the successful defendants for the hearing, rather than attributed as costs in the cause. Merits having been conclusively assessed, standard rules apply so that plaintiffs pay defendants' costs of the failed motion. Costs of interlocutory steps prior to hearing or relating to issues rendered otiose by subsequent compliance are to be costs in the proceedings.

Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Equity Commercial List / Costs Determination Following Interlocutory Motions for Further Discovery
Outcome
Costs allocated and notices of motion set to stand dismissed unless relisted within 14 days
Legal Topics
['discovery' 'costs' 'interlocutory Applications']
['civil Procedure' 'commercial Law'] ['discovery' 'costs' 'interlocutory Applications']

Case Brief

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Procedural Posture

Equity Commercial List / Costs Determination Following Interlocutory Motions for Further Discovery

Legal Issues

  1. 1 ['How should costs be allocated following failed notices of motion for further discovery?' 'Should costs be assessed forthwith or reserved until final determination?' 'Was discovery obligation improperly delegated by certain defendants?' 'Were the claimed documents within the power of the defendant for discovery purposes?']

Ratio Decidendi

Where a notice of motion for further discovery is unsuccessful and determined finally, costs should be awarded to the successful defendants for the hearing, rather than attributed as costs in the cause. Merits having been conclusively assessed, standard rules apply so that plaintiffs pay defendants' costs of the failed motion. Costs of interlocutory steps prior to hearing or relating to issues rendered otiose by subsequent compliance are to be costs in the proceedings.

Court Disposition

Costs allocated and notices of motion set to stand dismissed unless relisted within 14 days

Orders

  • ["In proceeding 2016/285820, plaintiffs to pay first to fourth and sixteenth defendants' costs of the notice of motion filed on 4 June 2017" 'Costs of the notice of motion between plaintiffs and fifth to fifteenth defendants to be costs in the proceeding' 'Notices of motion stand dismissed (unless relisted by 18...