Skytraders Pty Ltd v Meyer [2023] NSWSC 857

Skytraders Pty Ltd v Meyer [2023] NSWSC 857

The appropriate order was that each party's costs of the Notice of Motion be costs in the cause because the plaintiff's filing and pursuit of the motion to resolve the document-production regime was not unreasonable or inappropriate, the dispute concerned matters of degree directed to timely production while protecting Air Affairs' confidentiality, there had been a long-running disclosure dispute before Air Affairs' involvement, and the defendant's default under earlier orders and unexplained possession of a very significant number of the plaintiff's documents meant the defendant could not complain that the plaintiff sought resolution by the motion.

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Costs in Interlocutory Proceedings / On the Papers; Determination of Costs of the Plaintiff's Notice of Motion Filed on 9 May 2023 After Orders Disposing of the Motion Were Made on 3 July 2023
Outcome
Costs of the Notice of Motion filed on 9 May 2023 ordered to be each party's costs in the cause.
Legal Topics
['party/party Costs' 'costs Orders in Interlocutory Proceedings' 'costs in the Cause' 'confidential Documents' 'disclosure']
['costs' 'civil Procedure' 'equity'] ['party/party Costs' 'costs Orders in Interlocutory Proceedings' 'costs in the Cause' 'confidential Documents' 'disclosure']

Case Brief

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Procedural Posture

Costs in Interlocutory Proceedings / On the Papers; Determination of Costs of the Plaintiff's Notice of Motion Filed on 9 May 2023 After Orders Disposing of the Motion Were Made on 3 July 2023

Legal Issues

  1. 1 ["Whether the costs of the plaintiff's Notice of Motion filed on 9 May 2023 should be each party's costs in the cause or the defendant's costs in the cause." 'Whether there were countervailing circumstances warranting a departure from the usual interlocutory costs position reflected in r 42.7 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the plaintiff acted unreasonably by not directly engaging with Air Affairs or by not accepting proposed orders before the hearing.']

Ratio Decidendi

The appropriate order was that each party's costs of the Notice of Motion be costs in the cause because the plaintiff's filing and pursuit of the motion to resolve the document-production regime was not unreasonable or inappropriate, the dispute concerned matters of degree directed to timely production while protecting Air Affairs' confidentiality, there had been a long-running disclosure dispute before Air Affairs' involvement, and the defendant's default under earlier orders and unexplained possession of a very significant number of the plaintiff's documents meant the defendant could not complain that the plaintiff sought resolution by the motion.

Court Disposition

Costs of the Notice of Motion filed on 9 May 2023 ordered to be each party's costs in the cause.

Orders

  • ["Each party's costs of the Notice of Motion filed on 9 May 2023 will be costs in the cause."]