Hotwork Australia Pty Ltd v Tomkins (No. 2) [2020] NSWSC 667

Hotwork Australia Pty Ltd v Tomkins (No. 2) [2020] NSWSC 667

The interlocutory hearing was, overall, lost by the plaintiff. Although some confidential information claims were resolved in the plaintiff's favour by undertakings and agreed orders, they could have been resolved before the hearing, and the principal contested restraint relief was refused for discretionary and balance of convenience reasons including plaintiff delay. It would not be fair for the defendants' costs of that hearing to depend on the final outcome, so the plaintiff must pay the defendants' costs of the interlocutory application.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Costs Determination on Interlocutory Application / On the Papers After Judgment on the Plaintiff's Interlocutory Application
Outcome
The plaintiff was ordered to pay the defendants' costs of and incidental to the plaintiff's amended notice of motion filed on 20 April 2020.
Legal Topics
['costs of Interlocutory Application' 'interlocutory Injunction' 'confidential Information' 'restraint of Trade' 'balance of Convenience']
['civil Procedure' 'costs' 'equity'] ['costs of Interlocutory Application' 'interlocutory Injunction' 'confidential Information' 'restraint of Trade' 'balance of Convenience']

Case Brief

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Procedural Posture

Costs Determination on Interlocutory Application / On the Papers After Judgment on the Plaintiff's Interlocutory Application

Legal Issues

  1. 1 ["Whether the costs of the plaintiff's interlocutory application should be costs in the cause or paid by the plaintiff to the defendants." 'Whether the outcome of the interlocutory application, including refusal of restraint relief and resolution of confidential information claims, justified departing from costs in the cause.' "Whether the plaintiff's delay and conduct of the interlocutory application were relevant to the costs discretion."]

Ratio Decidendi

The interlocutory hearing was, overall, lost by the plaintiff. Although some confidential information claims were resolved in the plaintiff's favour by undertakings and agreed orders, they could have been resolved before the hearing, and the principal contested restraint relief was refused for discretionary and balance of convenience reasons including plaintiff delay. It would not be fair for the defendants' costs of that hearing to depend on the final outcome, so the plaintiff must pay the defendants' costs of the interlocutory application.

Court Disposition

The plaintiff was ordered to pay the defendants' costs of and incidental to the plaintiff's amended notice of motion filed on 20 April 2020.

Orders

  • ["The plaintiff to pay the defendants' costs of and incidental to the plaintiff's amended notice of motion filed on 20 April 2020."]