Shanmugathaas v Paramanirupan (No 3) [2019] NSWSC 1654

Shanmugathaas v Paramanirupan (No 3) [2019] NSWSC 1654

Because the plaintiffs succeeded on two of the four specific issues raised by their amended motion, the defendants succeeded on the issue concerning the amount to be allowed as the plaintiffs' contribution, and that issue occupied significantly more than half of the hearing, there should be no order as to costs of the plaintiffs' motion. Because the defendants' motion was abandoned just prior to the hearing, the defendants should pay only those plaintiffs' costs made necessary solely by that application.

Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Costs / On the Papers; Determination of Costs of the Plaintiffs' Notice of Motion Filed 27 May 2019 and Amended on 23 July 2019, and the Defendants' Notice of Motion Filed 30 May 2019
Outcome
Each party was ordered to bear his or her own costs of the plaintiffs' motion; the defendants' motion was dismissed; and the defendants were ordered to pay the plaintiffs' limited costs of the defendants' motion.
Legal Topics
['party/party Costs' 'costs Follow the Event' 'costs Discretion' 'partially Successful Parties' 'abandoned Notice of Motion' 'joint Venture Winding Up']
['costs' 'equity'] ['party/party Costs' 'costs Follow the Event' 'costs Discretion' 'partially Successful Parties' 'abandoned Notice of Motion' 'joint Venture Winding Up']

Case Brief

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Procedural Posture

Costs / On the Papers; Determination of Costs of the Plaintiffs' Notice of Motion Filed 27 May 2019 and Amended on 23 July 2019, and the Defendants' Notice of Motion Filed 30 May 2019

Legal Issues

  1. 1 ["What costs order should be made for the plaintiffs' notice of motion filed 27 May 2019 and amended on 23 July 2019 where both sides succeeded on different issues." "What costs order should be made for the defendants' notice of motion filed 30 May 2019 where it was abandoned just prior to the hearing." "Whether the defendants' additional requested orders concerning costs from 11 March 2016, removal of a caveat, and Commonwealth (GST) and statutory requirements were before the Court."]

Ratio Decidendi

Because the plaintiffs succeeded on two of the four specific issues raised by their amended motion, the defendants succeeded on the issue concerning the amount to be allowed as the plaintiffs' contribution, and that issue occupied significantly more than half of the hearing, there should be no order as to costs of the plaintiffs' motion. Because the defendants' motion was abandoned just prior to the hearing, the defendants should pay only those plaintiffs' costs made necessary solely by that application.

Court Disposition

Each party was ordered to bear his or her own costs of the plaintiffs' motion; the defendants' motion was dismissed; and the defendants were ordered to pay the plaintiffs' limited costs of the defendants' motion.

Orders

  • ["Each of the parties bear his or her own costs of the plaintiffs' notice of motion filed 27 May 2019 and amended on 23 July 2019." "The defendants' notice of motion filed 30 May 2019 is dismissed." "The defendants pay the plaintiffs' costs of the motion of 30 May 2019, but only in relation to costs the incurring of...