In the matter of Leone Holdings Pty Ltd, JW Kirkwood Pty Ltd and J W Kirkwood Nominees Pty Ltd [2024] NSWSC 414

In the matter of Leone Holdings Pty Ltd, JW Kirkwood Pty Ltd and J W Kirkwood Nominees Pty Ltd [2024] NSWSC 414

The Court should make the usual order that the Plaintiff pay the costs thrown away by the amendment, leaving the quantum of those costs for assessment, and not impose a date-based limitation that could pre-empt the assessor’s determination of which costs are wasted.

Parties
Plaintiff: Maureen Anne Leone; Second Defendant: Leone Holdings Pty Ltd; Third Defendant: J W Kirkwood Pty Ltd; Fourth Defendant: J W Kirkwood Nominees Pty Ltd as Trustee for the Leone Unit Trust
Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Oppression Proceedings / Costs Order Following Amendment
Outcome
Plaintiff ordered to pay costs thrown away by amendments permitted by Order 6 made on 25 March 2024.
Legal Topics
Costs, Amendment of Pleadings, Oppression Proceedings
Equity Corporations Law Costs Amendment of Pleadings Oppression Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Maureen Anne Leone

Plaintiff

Leone Holdings Pty Ltd

Second Defendant

J W Kirkwood Pty Ltd

Third Defendant

J W Kirkwood Nominees Pty Ltd as Trustee for the Leone Unit Trust

Fourth Defendant

Procedural Posture

Oppression Proceedings / Costs Order Following Amendment

Legal Issues

  1. 1 Whether the Plaintiff should pay Defendants' costs thrown away by amendments with or without time limitation

Ratio Decidendi

The Court should make the usual order that the Plaintiff pay the costs thrown away by the amendment, leaving the quantum of those costs for assessment, and not impose a date-based limitation that could pre-empt the assessor’s determination of which costs are wasted.

Court Disposition

Plaintiff ordered to pay costs thrown away by amendments permitted by Order 6 made on 25 March 2024.

Orders

  • The Plaintiff pay the costs thrown away by the amendments permitted by Order 6 made on 25 March 2024.