Patrick Badges Pty Ltd v Commonwealth of Australia (No. 2) [2002] NSWSC 269

Patrick Badges Pty Ltd v Commonwealth of Australia (No. 2) [2002] NSWSC 269

The usual rule that costs follow the event should be applied where a motion to transfer proceedings is successful, unless there are special circumstances; the existence of a contractual jurisdiction clause favouring the transferee court supports the transfer, and there is no justification shown here for departing...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 April 2002
Procedural Posture
Application for Costs Incident to Transfer of Proceedings / Post Transfer, Costs Order
Outcome
Plaintiff to pay defendant's costs of the motion; all other costs to be the costs in the transferred proceedings.
Legal Topics
['costs' 'transfer of Proceedings' 'cross Vesting Legislation']
['civil Procedure'] ['costs' 'transfer of Proceedings' 'cross Vesting Legislation']

Source-derived case record

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Procedural Posture

Application for Costs Incident to Transfer of Proceedings / Post Transfer, Costs Order

Legal Issues

  1. 1 ['Appropriate order for costs where proceedings are transferred under Cross-Vesting legislation']

Ratio Decidendi

The usual rule that costs follow the event should be applied where a motion to transfer proceedings is successful, unless there are special circumstances; the existence of a contractual jurisdiction clause favouring the transferee court supports the transfer, and there is no justification shown here for departing from the normal rule on costs.

Court Disposition

Plaintiff to pay defendant's costs of the motion; all other costs to be the costs in the transferred proceedings.

Orders

  • ['Costs in the proceedings to date, other than the costs of the motion, be the costs in the transferred proceedings.' "The plaintiff pay the defendant's costs of the motion."]