Louise Developments Pty Ltd v Carpet Call (VIC) Pty Ltd [2021] NSWSC 1416

Louise Developments Pty Ltd v Carpet Call (VIC) Pty Ltd [2021] NSWSC 1416

The plaintiff's amendments to the Statement of Claim were not unreasonable and do not justify indemnity costs; there are no grounds to depart from the ordinary rule as to costs, nor to require payment forthwith. Costs thrown away by the amendment are to be paid by the plaintiff to the defendant on the ordinary basis, not forthwith. Plaintiff is to have costs of resisting indemnity and forthwith orders. Costs of Notice of Motion otherwise costs in the cause.

Parties
Plaintiff: Louise Developments Pty Ltd; Defendant: Carpet Call (VIC) Pty Ltd
Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Equity Costs Arising From Interlocutory Application for Leave to Amend Pleadings / Interlocutory Determination of Costs Application
Outcome
Plaintiff to pay defendant's costs thrown away by reason of amendment on the ordinary basis, not payable forthwith; defendant to pay plaintiff's costs of application for indemnity costs and forthwith order; costs of Notice of Motion otherwise costs in the cause.
Legal Topics
Costs of Interlocutory Applications, Amendment of Pleadings
Civil Procedure Costs Costs of Interlocutory Applications Amendment of Pleadings

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Parties

Louise Developments Pty Ltd

Plaintiff

Carpet Call (VIC) Pty Ltd

Defendant

Procedural Posture

Equity Costs Arising From Interlocutory Application for Leave to Amend Pleadings / Interlocutory Determination of Costs Application

Legal Issues

  1. 1 Whether the plaintiff should pay the defendant's costs thrown away by reason of amendment on the indemnity or ordinary basis
  2. 2 Whether those costs should be payable forthwith

Ratio Decidendi

The plaintiff's amendments to the Statement of Claim were not unreasonable and do not justify indemnity costs; there are no grounds to depart from the ordinary rule as to costs, nor to require payment forthwith. Costs thrown away by the amendment are to be paid by the plaintiff to the defendant on the ordinary basis, not forthwith. Plaintiff is to have costs of resisting indemnity and forthwith orders. Costs of Notice of Motion otherwise costs in the cause.

Court Disposition

Plaintiff to pay defendant's costs thrown away by reason of amendment on the ordinary basis, not payable forthwith; defendant to pay plaintiff's costs of application for indemnity costs and forthwith order; costs of Notice of Motion otherwise costs in the cause.

Orders

  • Plaintiff to pay defendant's costs thrown away by reason of the amendment on the ordinary basis.
  • Such costs are not to be paid forthwith.