Richmond Valley Council v JLT Risk Solutions Pty Ltd (Costs – Declassing Motion) [2021] NSWSC 584

Richmond Valley Council v JLT Risk Solutions Pty Ltd (Costs – Declassing Motion) [2021] NSWSC 584

JLT's declassing motion failed and was distinct from the questions motion, which was part of the conventional process of formulating common questions for Merck orders. There was no reason to depart from the usual position that costs follow the event for the failed declassing motion, while the costs of the questions motion should be costs in the cause.

Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Costs Determination in Class Action Proceedings / On the Papers After Merck Orders Were Made and the Defendant's Declassing Motion Was Dismissed
Outcome
JLT was ordered to pay Richmond's costs of the declassing motion, and the costs of the questions motion were ordered to be costs in the cause.
Legal Topics
['costs of Interlocutory Motions' 'declassing Motion' 'merck Orders' 'common Questions in Class Actions' 'costs in the Cause']
['civil Procedure' 'costs' 'class Actions'] ['costs of Interlocutory Motions' 'declassing Motion' 'merck Orders' 'common Questions in Class Actions' 'costs in the Cause']

Case Brief

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Procedural Posture

Costs Determination in Class Action Proceedings / On the Papers After Merck Orders Were Made and the Defendant's Declassing Motion Was Dismissed

Legal Issues

  1. 1 ["Whether JLT should pay Richmond's costs of the failed declassing motion." 'Whether the costs of the questions motion should be costs in the cause.' 'Whether the costs of the declassing motion and questions motion should be dealt with in the same way because both involved debate about common questions.']

Ratio Decidendi

JLT's declassing motion failed and was distinct from the questions motion, which was part of the conventional process of formulating common questions for Merck orders. There was no reason to depart from the usual position that costs follow the event for the failed declassing motion, while the costs of the questions motion should be costs in the cause.

Court Disposition

JLT was ordered to pay Richmond's costs of the declassing motion, and the costs of the questions motion were ordered to be costs in the cause.

Orders

  • ["JLT is to pay Richmond's costs of the declassing motion." 'The costs of the questions motion will be costs in the cause.']