KT v Google LLC (No 2) [2020] NSWSC 14

KT v Google LLC (No 2) [2020] NSWSC 14

Because the referral under r 55.11 is a ministerial act, there is no inter partes proceeding in respect of which costs can be awarded, and the balance of the defendant's notice of motion is dismissed with each party to bear its own costs.

Parties
Plaintiff: KT; Defendant: Google LLC
Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Costs Application / Post Notice of Motion Decision
Outcome
Balance of defendant's notice of motion filed 10 June 2019 dismissed; each party to bear their own costs of and incidental to the notice of motion including the stay application on 12 July 2019.
Legal Topics
Costs, Interlocutory Injunction, Ministerial Directions, Contempt of Court
Civil Procedure Costs Interlocutory Injunction Ministerial Directions Contempt of Court

Case Brief

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Parties

KT

Plaintiff

Google LLC

Defendant

Procedural Posture

Costs Application / Post Notice of Motion Decision

Legal Issues

  1. 1 Are costs recoverable in proceedings arising from a ministerial referral under r 55.11 of the Supreme Court Rules?
  2. 2 Should the balance of the notice of motion filed by the defendant on 10 June 2019 be dismissed?
  3. 3 Are there grounds for setting aside orders for substituted service and ex parte interlocutory injunctions?

Ratio Decidendi

Because the referral under r 55.11 is a ministerial act, there is no inter partes proceeding in respect of which costs can be awarded, and the balance of the defendant's notice of motion is dismissed with each party to bear its own costs.

Court Disposition

Balance of defendant's notice of motion filed 10 June 2019 dismissed; each party to bear their own costs of and incidental to the notice of motion including the stay application on 12 July 2019.

Orders

  • The balance of the defendant's notice of motion filed 10 June 2019 is dismissed.
  • The parties are to bear their own costs, respectively, of and incidental to the notice of motion including the defendant's stay application on 12 July 2019.