Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 4) [2010] NSWSC 165

Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd (No 4) [2010] NSWSC 165

Because the amended defence was filed more than three years after the original defence, with notice only on the last business day before trial, and because it recast the issues so that the plaintiff had to prepare on a different basis and the trial was adjourned, it was appropriate to order the defendants to pay the plaintiff's costs thrown away by the adjournment on an indemnity basis.

Jurisdiction
Australia
Judgment Date
09 March 2010
Procedural Posture
Civil Proceedings / Application for Indemnity Costs in Respect of Costs Thrown Away by Adjournment After Judgments on Liability and Quantum
Outcome
Verdict and judgment for the plaintiff against the defendant in the sum of $4,873,504.
Legal Topics
['indemnity Costs' 'costs Thrown Away' 'adjournment of Trial' 'amended Defence' 'costs Discretion']
['civil Procedure' 'costs'] ['indemnity Costs' 'costs Thrown Away' 'adjournment of Trial' 'amended Defence' 'costs Discretion']

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Procedural Posture

Civil Proceedings / Application for Indemnity Costs in Respect of Costs Thrown Away by Adjournment After Judgments on Liability and Quantum

Legal Issues

  1. 1 ["Whether the defendants should pay on an indemnity basis the plaintiff's costs thrown away as a result of the adjournment of the trial on 3 March 2008." 'Whether the late filing of an amended defence at the commencement of trial justified departure from the usual costs order.']

Ratio Decidendi

Because the amended defence was filed more than three years after the original defence, with notice only on the last business day before trial, and because it recast the issues so that the plaintiff had to prepare on a different basis and the trial was adjourned, it was appropriate to order the defendants to pay the plaintiff's costs thrown away by the adjournment on an indemnity basis.

Court Disposition

Verdict and judgment for the plaintiff against the defendant in the sum of $4,873,504.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant in the sum of $4,873,504.' "The defendants are to pay the plaintiff's costs of the proceedings on the ordinary basis save in respect of the costs thrown away as a result of the adjournment of the trial on 3 March 2008 which are to be paid on an indemnity...