Plaza West Pty Ltd v Simon's Holdings (NSW) Pty Ltd (No 2) [2011] NSWSC 556

Plaza West Pty Ltd v Simon's Holdings (NSW) Pty Ltd (No 2) [2011] NSWSC 556

Immediate payment of costs was not ordered because the proceedings were not in the Commercial List, no disparity in ability to bear costs was submitted, the dismissed motion sought to strike out the entirety of the pleading rather than only a discrete issue, no unreasonable conduct by the Defendants in bringing the motion was submitted, the proceedings were not so far from resolution as to justify immediate costs payment, and the Plaintiff could not rely on delay associated with its own further amended summons and amended list statement.

Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Costs Application / Application on the Papers for an Order That Costs of a Dismissed Notice of Motion Be Payable Forthwith
Outcome
No order for immediate payment of costs.
Legal Topics
['immediate Payment of Costs' 'assessment of Costs' 'interlocutory Applications' 'uniform Civil Procedure Rules 2005, Pt 42 R 42.7']
['civil Procedure' 'costs'] ['immediate Payment of Costs' 'assessment of Costs' 'interlocutory Applications' 'uniform Civil Procedure Rules 2005, Pt 42 R 42.7']

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Procedural Posture

Costs Application / Application on the Papers for an Order That Costs of a Dismissed Notice of Motion Be Payable Forthwith

Legal Issues

  1. 1 ["Whether the costs of the defendants' dismissed notice of motion should be payable forthwith under Uniform Civil Procedure Rules 2005, Pt 42 r 42.7." 'Whether the commercial nature of the proceedings justified a presumption in favour of immediate assessment of costs.' 'Whether circumstances such as a discrete issue, unreasonable conduct, disparity in ability to bear costs, or delay before final disposal justified immediate payment of costs.']

Ratio Decidendi

Immediate payment of costs was not ordered because the proceedings were not in the Commercial List, no disparity in ability to bear costs was submitted, the dismissed motion sought to strike out the entirety of the pleading rather than only a discrete issue, no unreasonable conduct by the Defendants in bringing the motion was submitted, the proceedings were not so far from resolution as to justify immediate costs payment, and the Plaintiff could not rely on delay associated with its own further amended summons and amended list statement.

Court Disposition

No order for immediate payment of costs.

Orders

  • ['There will be no order that the costs be payable forthwith.']