Sandra Battersby v Allan; Darrel Battersby v Allan ; (No. 2) [2018] NSWSC 98

Sandra Battersby v Allan; Darrel Battersby v Allan ; (No. 2) [2018] NSWSC 98

Although the defendant was unsuccessful in its motion, the adjournment was solely due to the plaintiffs' lack of preparation, and therefore, the plaintiffs are to pay the defendant's costs thrown away by reason of the adjournment. Otherwise, each party is to bear its own costs.

Parties
Plaintiff: Sandra Battersby; Plaintiff: Darrel Battersby; Defendant: Rodney Allan
Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Costs Application / Post Motion Costs Determination
Outcome
Plaintiffs to pay the defendant's costs thrown away by the adjournment; otherwise each party to bear its own costs.
Legal Topics
Costs, Adjournment, Expert Evidence
Civil Procedure Costs Adjournment Expert Evidence

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Sandra Battersby

Plaintiff

Darrel Battersby

Plaintiff

Rodney Allan

Defendant

Procedural Posture

Costs Application / Post Motion Costs Determination

Legal Issues

  1. 1 Whether costs should follow the event where the defendant's motion was dismissed but the adjournment was caused by the plaintiffs' lack of preparation

Ratio Decidendi

Although the defendant was unsuccessful in its motion, the adjournment was solely due to the plaintiffs' lack of preparation, and therefore, the plaintiffs are to pay the defendant's costs thrown away by reason of the adjournment. Otherwise, each party is to bear its own costs.

Court Disposition

Plaintiffs to pay the defendant's costs thrown away by the adjournment; otherwise each party to bear its own costs.

Orders

  • The plaintiffs are to pay the costs of the defendant thrown away by reason of the adjournment of the defendant's motion on 23 October 2017.
  • The parties are to otherwise pay their own costs of the motion.