Paul Ernest Simmons -v- Protective Commissioner of NSW also known as NSW Trustee [No 2] [2013] NSWSC 1770

Paul Ernest Simmons -v- Protective Commissioner of NSW also known as NSW Trustee [No 2] [2013] NSWSC 1770

The usual rule that costs follow the event should apply because the plaintiff failed in his case against the second defendant and Dorothy, and there are no circumstances warranting departure from this rule.

Jurisdiction
Australia
Judgment Date
29 November 2013
Procedural Posture
Civil / Costs Determination Following Dismissal of Motion for Leave to Amend Statement of Claim
Outcome
Plaintiff to pay the costs of the proceedings of the second defendant and Dorothy including the 2012 motions, the appeal and the dismissed motion.
Legal Topics
['costs' 'order of Costs']
['equity' 'civil Procedure'] ['costs' 'order of Costs']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Costs Determination Following Dismissal of Motion for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ["Whether costs should follow the event after dismissal of plaintiff's motion to amend the Statement of Claim" "Whether the plaintiff's circumstances or previous successes in appeal justify a departure from the usual rule on costs"]

Ratio Decidendi

The usual rule that costs follow the event should apply because the plaintiff failed in his case against the second defendant and Dorothy, and there are no circumstances warranting departure from this rule.

Court Disposition

Plaintiff to pay the costs of the proceedings of the second defendant and Dorothy including the 2012 motions, the appeal and the dismissed motion.

Orders

  • ['Plaintiff to pay the costs of the second and third defendants including the 2012 motions, the appeal, and the dismissed motion.']