Hughes v Fong (No 2) [2016] NSWSC 1468

Hughes v Fong (No 2) [2016] NSWSC 1468

Because the dispute was interlocutory, both the plaintiffs and the second defendant had enjoyed a measure of success, the proceedings were at an early stage, and the first defendant's attendance was necessary to protect its position, the appropriate order was that the costs of all parties of and incidental to the hearing and the second defendant's application generally be costs in the cause.

Jurisdiction
Australia
Judgment Date
13 October 2016
Procedural Posture
Costs in Interlocutory Proceedings / Costs Determination Following Interlocutory Ruling on Joinder Under R 6.19 Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Costs of all parties were ordered to be costs in the cause.
Legal Topics
['interlocutory Costs' 'costs in the Cause' 'joinder of Plaintiffs' 'pleading']
['civil Procedure' 'costs'] ['interlocutory Costs' 'costs in the Cause' 'joinder of Plaintiffs' 'pleading']

Case Brief

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Procedural Posture

Costs in Interlocutory Proceedings / Costs Determination Following Interlocutory Ruling on Joinder Under R 6.19 Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['What costs order should be made following the interlocutory dispute about whether the plaintiffs were properly joined in one proceeding under r 6.19 Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the plaintiffs should receive costs of the motion on an indemnity basis, or whether costs should be costs in the cause.' "Whether the first defendant's costs of attending the hearing and judgment should also be costs in the cause."]

Ratio Decidendi

Because the dispute was interlocutory, both the plaintiffs and the second defendant had enjoyed a measure of success, the proceedings were at an early stage, and the first defendant's attendance was necessary to protect its position, the appropriate order was that the costs of all parties of and incidental to the hearing and the second defendant's application generally be costs in the cause.

Court Disposition

Costs of all parties were ordered to be costs in the cause.

Orders

  • ["Costs of all parties of and incidental to the hearing before me and in relation to the second defendant's application generally are costs in the cause."]