Qasim v Bird & Ors (No 5) [2022] NSWSC 818

Qasim v Bird & Ors (No 5) [2022] NSWSC 818

Because the third defendant was successful on his notice of motion and the plaintiff put forward no reason why costs should not follow the event, the third defendant should have his costs of the notice of motion.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Costs Ruling / On the Papers Following Dismissal of Proceedings Against the Third Defendant
Outcome
The third defendant was awarded the costs of the notice of motion.
Legal Topics
['costs Following the Event' 'notice of Motion to Dismiss Proceedings' 'ordinary Basis Costs']
['civil Procedure' 'costs'] ['costs Following the Event' 'notice of Motion to Dismiss Proceedings' 'ordinary Basis Costs']

Case Brief

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Procedural Posture

Costs Ruling / On the Papers Following Dismissal of Proceedings Against the Third Defendant

Legal Issues

  1. 1 ['Whether the third defendant should have the costs of the notice of motion filed 9 April 2022 after successfully obtaining dismissal of the proceedings against him.']

Ratio Decidendi

Because the third defendant was successful on his notice of motion and the plaintiff put forward no reason why costs should not follow the event, the third defendant should have his costs of the notice of motion.

Court Disposition

The third defendant was awarded the costs of the notice of motion.

Orders

  • ["The plaintiff is to pay the third defendant's costs of the notice of motion filed 9 April 2022."]