Gani v Maiolo (No 2) [2014] NSWSC 1471

Gani v Maiolo (No 2) [2014] NSWSC 1471

There is no reason to depart from the usual rule that costs follow the event; the defendants, as the successful party, are entitled to an order that the plaintiff pay their costs, including costs in respect of the Notice of Motion, on the ordinary basis.

Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Appeal and Application for Costs / Post Judgment Costs Order
Outcome
Plaintiff to pay defendants' costs of the proceedings on the ordinary basis
Legal Topics
['costs Order' 'costs in the Cause' 'appeal From Tribunal']
['civil Procedure' 'costs'] ['costs Order' 'costs in the Cause' 'appeal From Tribunal']

Case Brief

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Procedural Posture

Appeal and Application for Costs / Post Judgment Costs Order

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs including costs in respect of the Notice of Motion dated 5 September 2012" 'Application of general rule that costs follow the event' 'Appropriateness of departing from usual costs order']

Ratio Decidendi

There is no reason to depart from the usual rule that costs follow the event; the defendants, as the successful party, are entitled to an order that the plaintiff pay their costs, including costs in respect of the Notice of Motion, on the ordinary basis.

Court Disposition

Plaintiff to pay defendants' costs of the proceedings on the ordinary basis

Orders

  • ["The plaintiff is to pay the defendants' costs of the proceedings on the ordinary basis"]