Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd & Ors (Costs) [2006] NSWSC 724

Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd & Ors (Costs) [2006] NSWSC 724

Plaintiffs’ unsuccessful grounds did not have reasonable prospects of success, occupied most of the trial, and it would be unjust for Soliman to pay any part of plaintiffs' costs; no utility in granting an extension due to defendant's administration and application would fail regardless.

Parties
Plaintiff: Pacific General Securities Ltd; Plaintiff: Finmore Holdings P/L; Defendant: Soliman & Sons P/L; Defendant: Institute of Arbitrators & Mediators; Defendant: Richard Nixon
Jurisdiction
Australia
Judgment Date
19 July 2006
Procedural Posture
Costs Application / Post Judgment (application to Vary Costs Order)
Outcome
Plaintiffs’ application dismissed; extension of time to apply to vary costs order refused.
Legal Topics
Costs, Extension of Time, Leave to Proceed in Administration, Success on Part of Claim, Reasonable Prospects
Civil Procedure Costs Extension of Time Leave to Proceed in Administration Success on Part of Claim Reasonable Prospects

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 4 Party arguments 2
Sign in to unlock

Parties

Pacific General Securities Ltd

Plaintiff

Finmore Holdings P/L

Plaintiff

Soliman & Sons P/L

Defendant

Institute of Arbitrators & Mediators

Defendant

Richard Nixon

Defendant

Procedural Posture

Costs Application / Post Judgment (application to Vary Costs Order)

Legal Issues

  1. 1 Whether the plaintiff should be granted an extension of time to apply to vary the costs order
  2. 2 Whether leave should be granted to proceed against a defendant in administration
  3. 3 Whether the unsuccessful grounds had reasonable prospects of success

Ratio Decidendi

Plaintiffs’ unsuccessful grounds did not have reasonable prospects of success, occupied most of the trial, and it would be unjust for Soliman to pay any part of plaintiffs' costs; no utility in granting an extension due to defendant's administration and application would fail regardless.

Court Disposition

Plaintiffs’ application dismissed; extension of time to apply to vary costs order refused.

Orders

  • Plaintiffs' application for an extension of time to apply to vary costs order is dismissed.