Morris Finance Limited v Free [No 2] [2016] NSWSC 1064

Morris Finance Limited v Free [No 2] [2016] NSWSC 1064

The appropriate order is that the plaintiff pay the costs of the first, third and fourth defendants of the determination of the separate question. There is no sufficient reason to depart from the general rule that costs follow the event; neither indemnity costs nor payment forthwith is warranted.

Jurisdiction
Australia
Judgment Date
02 August 2016
Procedural Posture
Costs (equity Proceedings) / Post Determination of Separate Question; Costs Argument
Outcome
Plaintiff ordered to pay the costs of the first, third and fourth defendants of the determination of the separate question; no order for indemnity costs or forthwith payment.
Legal Topics
['costs' 'determination of Separate Question' 'order for Indemnity Costs' 'order for Payment Forthwith']
['bankruptcy' 'civil Procedure'] ['costs' 'determination of Separate Question' 'order for Indemnity Costs' 'order for Payment Forthwith']

Case Brief

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Procedural Posture

Costs (equity Proceedings) / Post Determination of Separate Question; Costs Argument

Legal Issues

  1. 1 ['Whether the plaintiff should pay the costs of the first, third and fourth defendants of the determination of the separate question' 'Whether indemnity costs should be ordered' 'Whether costs should be paid forthwith' 'Whether costs should be reserved or made costs in the cause' 'Whether costs should be ordered in favour of bankrupt defendants']

Ratio Decidendi

The appropriate order is that the plaintiff pay the costs of the first, third and fourth defendants of the determination of the separate question. There is no sufficient reason to depart from the general rule that costs follow the event; neither indemnity costs nor payment forthwith is warranted.

Court Disposition

Plaintiff ordered to pay the costs of the first, third and fourth defendants of the determination of the separate question; no order for indemnity costs or forthwith payment.

Orders

  • ['The plaintiff pay the costs of the first, third and fourth defendants of the determination of the separate question.']