Naro Investments Pty Ltd v Benjamin & Khoury Pty Ltd (No 2) [2020] NSWSC 317

Naro Investments Pty Ltd v Benjamin & Khoury Pty Ltd (No 2) [2020] NSWSC 317

The plaintiffs failed in their application for interlocutory relief; although the case was prolonged and short-term undertakings were given by the defendant, the substantive result was in the defendant's favour. There was no unreasonable conduct by the plaintiffs. On this basis, the appropriate order is that the plaintiffs pay the defendant's costs of the notice of motion, as amended, on the ordinary basis, not on an indemnity basis or payable forthwith.

Parties
Plaintiff: Naro Investments Pty Ltd; Plaintiff: Margherita Demarti; Plaintiff: Rocco Demarti; Plaintiff: Natalie Demarti; Defendant: Benjamin & Khoury Pty Ltd
Jurisdiction
Australia
Judgment Date
30 March 2020
Procedural Posture
Interlocutory Motion / Costs Determination After Notice of Motion Decided
Outcome
Plaintiffs ordered to pay the defendant's costs of the notice of motion as amended, on the ordinary basis, not forthwith.
Legal Topics
Costs, Notice of Motion, Interlocutory Relief
Equity Civil Procedure Costs Notice of Motion Interlocutory Relief

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Naro Investments Pty Ltd

Plaintiff

Margherita Demarti

Plaintiff

Rocco Demarti

Plaintiff

Natalie Demarti

Plaintiff

Benjamin & Khoury Pty Ltd

Defendant

Procedural Posture

Interlocutory Motion / Costs Determination After Notice of Motion Decided

Legal Issues

  1. 1 What costs order should be made in respect of the plaintiffs' notice of motion of 12 June 2019, as amended on 20 September 2019.

Ratio Decidendi

The plaintiffs failed in their application for interlocutory relief; although the case was prolonged and short-term undertakings were given by the defendant, the substantive result was in the defendant's favour. There was no unreasonable conduct by the plaintiffs. On this basis, the appropriate order is that the plaintiffs pay the defendant's costs of the notice of motion, as amended, on the ordinary basis, not on an indemnity basis or payable forthwith.

Court Disposition

Plaintiffs ordered to pay the defendant's costs of the notice of motion as amended, on the ordinary basis, not forthwith.

Orders

  • Order the plaintiffs to pay the defendant's costs of the notice of motion filed by the plaintiffs on 12 June 2019, as amended on 20 September 2019, on the ordinary basis.