HIH Insurance Limited (in liquidation) & Anor v Rodney Stephen Adler & Ors [2007] NSWSC 745

HIH Insurance Limited (in liquidation) & Anor v Rodney Stephen Adler & Ors [2007] NSWSC 745

The plaintiffs were successful on all issues remaining at the hearing; neither the withdrawal of the joint enterprise limb nor provision of further particulars constituted special circumstances warranting departure from the usual costs order; defendants (except eighth) to pay plaintiffs' costs of strike out motions.

Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Strike Out Motions / Costs Decision Following Reserved Judgment
Outcome
Defendants (applicants on the strike out motions) ordered to pay plaintiffs' costs occasioned in relation to those motions
Legal Topics
['costs' 'strike Out Motions']
['practice and Procedure'] ['costs' 'strike Out Motions']

Case Brief

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Procedural Posture

Strike Out Motions / Costs Decision Following Reserved Judgment

Legal Issues

  1. 1 ['Appropriate order for costs following strike out motions' 'Effect of withdrawal of claims and provision of particulars on costs']

Ratio Decidendi

The plaintiffs were successful on all issues remaining at the hearing; neither the withdrawal of the joint enterprise limb nor provision of further particulars constituted special circumstances warranting departure from the usual costs order; defendants (except eighth) to pay plaintiffs' costs of strike out motions.

Court Disposition

Defendants (applicants on the strike out motions) ordered to pay plaintiffs' costs occasioned in relation to those motions

Orders

  • ['The defendant applicants on the strike out motions pay the plaintiffs costs of and occasioned in relation to those motions']