Constantinidis and Anor v Kehagiadis [2010] NSWSC 1261

Constantinidis and Anor v Kehagiadis [2010] NSWSC 1261

The plaintiffs incurred unnecessary costs for the defendant and the proposed defendants by seeking amendments, then withdrawing the motions, and failing to properly notify parties or seek an adjournment when unable to attend a hearing. There are no sufficient reasons to depart from the usual rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
04 November 2010
Procedural Posture
Civil / Procedural Interlocutory Rulings on Amendment to Pleading and Costs
Outcome
Plaintiffs' motion for amendment not pressed; costs orders made against plaintiffs
Legal Topics
['supreme Court Procedure' 'notice of Motion' 'amendment to Pleading' 'costs' 'professional Negligence']
['civil Procedure'] ['supreme Court Procedure' 'notice of Motion' 'amendment to Pleading' 'costs' 'professional Negligence']

Case Brief

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Procedural Posture

Civil / Procedural Interlocutory Rulings on Amendment to Pleading and Costs

Legal Issues

  1. 1 ['Whether leave should be granted to file a further amended statement of claim' 'Costs entitlement after plaintiffs withdrew motion to amend pleadings' 'Whether costs orders against plaintiffs should be reconsidered after absence at the 7 September hearing']

Ratio Decidendi

The plaintiffs incurred unnecessary costs for the defendant and the proposed defendants by seeking amendments, then withdrawing the motions, and failing to properly notify parties or seek an adjournment when unable to attend a hearing. There are no sufficient reasons to depart from the usual rule that costs follow the event.

Court Disposition

Plaintiffs' motion for amendment not pressed; costs orders made against plaintiffs

Orders

  • ["The plaintiffs are to bear the defendant's costs of the September motion, as agreed or assessed." "The plaintiffs to bear the proposed defendants' costs of the August and September motions, as agreed or assessed."]