Kyriacou v Makis (No 4) [2023] NSWSC 1261

Kyriacou v Makis (No 4) [2023] NSWSC 1261

The appropriate costs order is that the cross-claimant pay the cross-respondent's costs of the notice of motion to amend the cross claim heard on 9 August 2023 on the ordinary basis and such costs be payable forthwith, as the second application was not unreasonable or an abuse of process, despite being substantially identical to the earlier failed application.

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Equity Proceeding / Costs Determination Following Notice of Motion to Amend Cross Claim
Outcome
Costs ordered against the cross-claimant on the ordinary basis, payable forthwith. Amended cross claim and defence to be served by specified dates. Proceedings stood over for directions.
Legal Topics
['party/party Costs' 'notice of Motion to Amend Cross Claim' 'indemnity Basis' 'ordinary Basis']
['costs'] ['party/party Costs' 'notice of Motion to Amend Cross Claim' 'indemnity Basis' 'ordinary Basis']

Case Brief

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Procedural Posture

Equity Proceeding / Costs Determination Following Notice of Motion to Amend Cross Claim

Legal Issues

  1. 1 ["Whether the cross-respondent's costs of the notice of motion to amend cross claim should be paid by the cross-claimant on the ordinary or indemnity basis"]

Ratio Decidendi

The appropriate costs order is that the cross-claimant pay the cross-respondent's costs of the notice of motion to amend the cross claim heard on 9 August 2023 on the ordinary basis and such costs be payable forthwith, as the second application was not unreasonable or an abuse of process, despite being substantially identical to the earlier failed application.

Court Disposition

Costs ordered against the cross-claimant on the ordinary basis, payable forthwith. Amended cross claim and defence to be served by specified dates. Proceedings stood over for directions.

Orders

  • ['By 30 November 2023, the Cross-Claimant is to serve an Amended Cross-Claim in the agreed form.' 'The Cross-Defendant to serve a Defence to the Amended Cross-Claim by 21 December 2023.' 'The Cross-Claimant to pay any costs thrown away by reason of the amendments to the Cross-Claim.' 'The Cross-Claimant to pay the...