Zaiter v Ruddock (No 2) [2021] NSWSC 907

Zaiter v Ruddock (No 2) [2021] NSWSC 907

The plaintiff totally failed to obtain the relief sought in the amended summons, which was the relevant event for costs purposes. Institutional harmony, bona fide arguability, and the plaintiff's reliance on Oshlack did not justify departing from the usual rule because the litigation advanced the plaintiff's personal interest in being an endorsed Party candidate and was adversarial as between him and the eighth defendant. The submitting parties and the Party were affected by the relief sought and, after dismissal of the amended summons, were to be treated as notionally successful to the extent they participated, justifying costs up to their submitting appearances or substitution out.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Costs / Final Disposition of Proceedings Following Principal Judgment
Outcome
Amended summons dismissed; plaintiff ordered to pay costs; interlocutory injunction dissolved.
Legal Topics
['party/party Costs' 'costs Follow the Event' 'submitting Appearance' 'public Interest Litigation' 'construction of Political Party Constitution']
['civil Procedure' 'costs' 'equity'] ['party/party Costs' 'costs Follow the Event' 'submitting Appearance' 'public Interest Litigation' 'construction of Political Party Constitution']

Case Brief

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Procedural Posture

Costs / Final Disposition of Proceedings Following Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff should pay the eighth defendant's costs after failing to obtain the relief sought in the amended summons." "Whether litigation concerning the construction of a major political party's constitution was public interest litigation warranting no order as to costs." 'Whether the Court should make a notation recording agreement about clause 13.2.4 of the Constitution.' 'Whether the first to seventh defendants and the Liberal Party of Australia (NSW Division) should receive costs up to entry of submitting appearances or substitution out of the proceedings.']

Ratio Decidendi

The plaintiff totally failed to obtain the relief sought in the amended summons, which was the relevant event for costs purposes. Institutional harmony, bona fide arguability, and the plaintiff's reliance on Oshlack did not justify departing from the usual rule because the litigation advanced the plaintiff's personal interest in being an endorsed Party candidate and was adversarial as between him and the eighth defendant. The submitting parties and the Party were affected by the relief sought and, after dismissal of the amended summons, were to be treated as notionally successful to the extent they participated, justifying costs up to their submitting appearances or substitution out.

Court Disposition

Amended summons dismissed; plaintiff ordered to pay costs; interlocutory injunction dissolved.

Orders

  • ['Order that the amended summons dated 7 July 2021 is dismissed.' "Order the plaintiff to pay the eighth defendant's costs of these proceedings." 'Order that order 14 of the orders made on 1 July 2021 as extended by order 1 of the orders made on 16 July 2021 (interlocutory injunction) is dissolved.' "Order the...