Modeus Pty Ltd (ACN 106 986 056) v Secretary, Ministry of Health (No 2) [2023] NSWSC 1417

Modeus Pty Ltd (ACN 106 986 056) v Secretary, Ministry of Health (No 2) [2023] NSWSC 1417

The appropriate order is that the plaintiff pay the defendants' costs of the application for a separate question, as costs should follow the event on a failed application of this discrete nature.

Parties
Plaintiff/applicant: Modeus Pty Ltd; First Defendant/respondent: Secretary, Ministry of Health; Second Defendant/respondent: Health Administration Corporation; Third Defendant/respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
21 November 2023
Procedural Posture
Equity Commercial List / Costs Judgment Following Unsuccessful Interlocutory Application for Separate Question
Outcome
Plaintiff to pay the defendants' costs of the application for a separate question.
Legal Topics
Party/party Costs, Unsuccessful Interlocutory Application, Separate Question, Costs Follow the Event
Costs Party/party Costs Unsuccessful Interlocutory Application Separate Question Costs Follow the Event

Case Brief

Summary, issues, holding and outcome

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Parties

Modeus Pty Ltd

Plaintiff/applicant

Secretary, Ministry of Health

First Defendant/respondent

Health Administration Corporation

Second Defendant/respondent

State of New South Wales

Third Defendant/respondent

Procedural Posture

Equity Commercial List / Costs Judgment Following Unsuccessful Interlocutory Application for Separate Question

Legal Issues

  1. 1 Whether costs of the unsuccessful application for a separate question should follow the event or be costs in the cause or reserved

Ratio Decidendi

The appropriate order is that the plaintiff pay the defendants' costs of the application for a separate question, as costs should follow the event on a failed application of this discrete nature.

Court Disposition

Plaintiff to pay the defendants' costs of the application for a separate question.

Orders

  • The plaintiff pay the defendants' costs of the application for a separate question.