Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 639

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 639

No case was made to preclude the plaintiff from obtaining the usual order for costs upon the defendant's grant of leave to amend; costs include amendment application, costs occasioned by amendment, and adjournment; however, indemnity costs are not justified and party and party costs are appropriate.

Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Civil / Post Motion (costs Determination After Rulings on Amendment and Subpoena Applications)
Outcome
Defendant ordered to pay plaintiff's costs of amendment application, costs occasioned by amendment, costs occasioned by adjournment, with assessment and payment pursuant to SCR Pt52A rr 8 and 9; indemnity costs not awarded.
Legal Topics
['costs' 'amendment of Pleadings' 'subpoena']
['defamation' 'civil Procedure'] ['costs' 'amendment of Pleadings' 'subpoena']

Case Brief

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Procedural Posture

Civil / Post Motion (costs Determination After Rulings on Amendment and Subpoena Applications)

Legal Issues

  1. 1 ['Entitlement to costs following applications for amendment and to set aside subpoena' 'Whether costs should be awarded on an indemnity basis or party and party basis']

Ratio Decidendi

No case was made to preclude the plaintiff from obtaining the usual order for costs upon the defendant's grant of leave to amend; costs include amendment application, costs occasioned by amendment, and adjournment; however, indemnity costs are not justified and party and party costs are appropriate.

Court Disposition

Defendant ordered to pay plaintiff's costs of amendment application, costs occasioned by amendment, costs occasioned by adjournment, with assessment and payment pursuant to SCR Pt52A rr 8 and 9; indemnity costs not awarded.

Orders

  • ["Defendant to pay plaintiff's costs of the application leading to the orders made on 23 June 1997." "Defendant to pay plaintiff's costs occasioned both by the amendment and the adjournment." 'Such costs upon assessment forthwith to be payable pursuant to SCR Pt52A rr 8 and 9.' "Liberty to apply on 24 hour's notice...