Lam v Rolls Royce PLC (No 4) [2016] NSWSC 487

Lam v Rolls Royce PLC (No 4) [2016] NSWSC 487

The plaintiff was responsible for the proceedings being adjourned on 10 December 2015 due to a change in position regarding the applicable foreign law, from Singapore to England and Wales, after previously asserting Singapore law throughout. As the defendant acted on that assertion and incurred costs in preparation, it is appropriate that the plaintiff pay the costs thrown away by the adjournment.

Parties
Plaintiff: Sandy Lam; Defendant: Rolls Royce PLC Reg No 4706930
Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Representative Proceeding / Interlocutory (costs and Case Management Orders)
Outcome
Plaintiff to pay defendant’s costs thrown away by reason of adjournment; other motions adjourned.
Legal Topics
Representative Proceedings, Costs, Adjournment, Foreign Law, Case Management
Civil Procedure Representative Proceedings Costs Adjournment Foreign Law Case Management

Case Brief

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Parties

Sandy Lam

Plaintiff

Rolls Royce PLC Reg No 4706930

Defendant

Procedural Posture

Representative Proceeding / Interlocutory (costs and Case Management Orders)

Legal Issues

  1. 1 Whether costs should be ordered or reserved relating to the adjournment caused by change in position on governing foreign law and aborted prior steps in the proceeding

Ratio Decidendi

The plaintiff was responsible for the proceedings being adjourned on 10 December 2015 due to a change in position regarding the applicable foreign law, from Singapore to England and Wales, after previously asserting Singapore law throughout. As the defendant acted on that assertion and incurred costs in preparation, it is appropriate that the plaintiff pay the costs thrown away by the adjournment.

Court Disposition

Plaintiff to pay defendant’s costs thrown away by reason of adjournment; other motions adjourned.

Orders

  • The plaintiff pay the defendant's costs thrown away by reason of the adjournment of the proceedings on 10 December 2015.
  • The balance of the defendant's notice of motion filed 24 March 2016 be adjourned to Friday, 29 April 2016 at 9.30am before Beech-Jones J.