Gonzalez v Agoda Company Pte Ltd (No 2) [2017] NSWSC 1236

Gonzalez v Agoda Company Pte Ltd (No 2) [2017] NSWSC 1236

The defendant, having succeeded on an interlocutory motion which disposed of the entirety of the plaintiff's claim, is entitled to its costs of both the motion and the proceedings as a whole.

Jurisdiction
Australia
Judgment Date
14 September 2017
Procedural Posture
Costs Determination / Post Judgment, Costs Determination After Disposal of Proceedings
Outcome
Plaintiff ordered to pay the defendant's costs of the proceedings on the ordinary basis, including costs of the Notice of Motion filed 21 July 2016.
Legal Topics
['costs' 'costs of Proceedings' 'interlocutory Motion Dispositive of Proceedings']
['civil Procedure'] ['costs' 'costs of Proceedings' 'interlocutory Motion Dispositive of Proceedings']

Case Brief

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Procedural Posture

Costs Determination / Post Judgment, Costs Determination After Disposal of Proceedings

Legal Issues

  1. 1 ['Whether the defendant is entitled to costs of the proceedings following success on a dispositive interlocutory motion']

Ratio Decidendi

The defendant, having succeeded on an interlocutory motion which disposed of the entirety of the plaintiff's claim, is entitled to its costs of both the motion and the proceedings as a whole.

Court Disposition

Plaintiff ordered to pay the defendant's costs of the proceedings on the ordinary basis, including costs of the Notice of Motion filed 21 July 2016.

Orders

  • ['The plaintiff must pay the costs of the defendant of the proceedings on the ordinary basis, those costs including the costs of the defendant with regard to its Notice of Motion filed 21 July 2016.']