Karadaghian v Big Beat (Australia) Pty Ltd (No 4) [2014] NSWSC 1872

Karadaghian v Big Beat (Australia) Pty Ltd (No 4) [2014] NSWSC 1872

The ordinary rule that costs follow the event should be applied as the first defendant's application was unsuccessful and no sufficient reason was provided to warrant a departure from this rule.

Parties
Plaintiff: Philip Karadaghian; First Defendant: Big Beat (Australia) Pty Ltd; Second Defendant: Ambiant Pty Ltd
Jurisdiction
Australia
Judgment Date
30 December 2014
Procedural Posture
Costs Application / Post Interlocutory Motion Decision
Outcome
Application that costs not follow the event refused; order for costs made against first defendant.
Legal Topics
Costs, Bias, Costs Follow the Event
Civil Procedure Costs Bias Costs Follow the Event

Case Brief

Summary, issues, holding and outcome

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Parties

Philip Karadaghian

Plaintiff

Big Beat (Australia) Pty Ltd

First Defendant

Ambiant Pty Ltd

Second Defendant

Procedural Posture

Costs Application / Post Interlocutory Motion Decision

Legal Issues

  1. 1 Whether costs should follow the event when an application for disqualification on grounds of bias is refused

Ratio Decidendi

The ordinary rule that costs follow the event should be applied as the first defendant's application was unsuccessful and no sufficient reason was provided to warrant a departure from this rule.

Court Disposition

Application that costs not follow the event refused; order for costs made against first defendant.

Orders

  • Order (2) issued on 28 November 2014 in this matter be vacated.
  • The first defendant is to pay the plaintiff's costs of and incidental to the motion, as agreed or assessed.