Golden v V’landys (No 2) [2015] NSWSC 1847

Golden v V’landys (No 2) [2015] NSWSC 1847

Time was extended because the delay was short, the plaintiff gave an explanation, no defendant identified prejudice, and extension was in the interests of justice under ss 56, 57 and 58 of the Civil Procedure Act 2005 (NSW). The plaintiff was ordered to pay the defendants' costs because the defendants were successful, costs generally follow the event, the plaintiff identified no conduct by either defendant warranting a different order, and complaints about his own legal advisers did not justify displacing the usual rule.

Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Costs / Application on the Papers for a Different Costs Order and Extension of Time After Orders Made on 17 November 2015
Outcome
Time extended for the plaintiff's application for a different costs order; plaintiff ordered to pay the defendants' costs of the proceedings.
Legal Topics
['costs Follow the Event' 'extension of Time' 'discretion as to Costs' 'no Order as to Costs']
['costs' 'civil Procedure'] ['costs Follow the Event' 'extension of Time' 'discretion as to Costs' 'no Order as to Costs']

Case Brief

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Procedural Posture

Costs / Application on the Papers for a Different Costs Order and Extension of Time After Orders Made on 17 November 2015

Legal Issues

  1. 1 ['Whether the time within which the plaintiff could apply for a different costs order should be extended' "Whether there should be no order as to costs or the plaintiff should pay the defendants' costs of the proceedings"]

Ratio Decidendi

Time was extended because the delay was short, the plaintiff gave an explanation, no defendant identified prejudice, and extension was in the interests of justice under ss 56, 57 and 58 of the Civil Procedure Act 2005 (NSW). The plaintiff was ordered to pay the defendants' costs because the defendants were successful, costs generally follow the event, the plaintiff identified no conduct by either defendant warranting a different order, and complaints about his own legal advisers did not justify displacing the usual rule.

Court Disposition

Time extended for the plaintiff's application for a different costs order; plaintiff ordered to pay the defendants' costs of the proceedings.

Orders

  • ["Extend the time under order (2) made on 17 November 2015 within which the plaintiff may make an application for a different order than the order that he pay the defendants' costs of the proceedings." "Order the plaintiff to pay the defendants' costs of the proceedings."]