Kazal v Fairfax Media Publications Pty Limited (No 2) [2015] NSWSC 1422

Kazal v Fairfax Media Publications Pty Limited (No 2) [2015] NSWSC 1422

The plaintiff should pay the defendants' wasted costs occasioned by amendments to the statement of claim and related applications, with costs relating to the First Draft payable forthwith due to unreasonable persistence by the plaintiff and the discrete nature of that phase of pleadings.

Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Application to Amend Pleadings / Costs Determination
Outcome
Costs awarded as specified in orders; some costs payable forthwith, some parties to bear own costs for a specific episode.
Legal Topics
['wasted Costs' 'amendment of Pleadings' 'defamation' 'interlocutory Applications']
['costs'] ['wasted Costs' 'amendment of Pleadings' 'defamation' 'interlocutory Applications']

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Procedural Posture

Application to Amend Pleadings / Costs Determination

Legal Issues

  1. 1 ["Whether plaintiff should pay defendants' wasted costs resulting from amendments to the statement of claim" 'Whether costs of particular episodes should be carved-out from general costs order' 'Whether costs in relation to the First Draft pleading ought be ordered to be paid forthwith']

Ratio Decidendi

The plaintiff should pay the defendants' wasted costs occasioned by amendments to the statement of claim and related applications, with costs relating to the First Draft payable forthwith due to unreasonable persistence by the plaintiff and the discrete nature of that phase of pleadings.

Court Disposition

Costs awarded as specified in orders; some costs payable forthwith, some parties to bear own costs for a specific episode.

Orders

  • ["The plaintiff to pay the defendants' wasted costs in addressing the Statement of Claim filed 18 March 2014." "Subject to order (3), the plaintiff to pay the defendants' wasted costs in addressing the proposed Amended Statement of Claim served 12 August 2014, payable forthwith." 'Each party to bear his or their own...