Hardie Holdings Pty Ltd v State of New South Wales (No 2) [2012] NSWSC 1484

Hardie Holdings Pty Ltd v State of New South Wales (No 2) [2012] NSWSC 1484

As the defendant was largely successful in its motion filed 6 September 2011, and as it was necessary for the defendant to bring the notice of motion, the plaintiffs are ordered to pay the defendant's costs of the motion to date. Costs should follow the event, and no convincing reason was provided to depart from...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 December 2012
Procedural Posture
Costs Application / Post Interlocutory Motion
Outcome
Plaintiffs ordered to pay defendant's costs of the motion filed 6 September 2011 to date.
Legal Topics
['costs' 'security for Costs' 'strikeout Application']
['civil Procedure'] ['costs' 'security for Costs' 'strikeout Application']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Costs Application / Post Interlocutory Motion

Legal Issues

  1. 1 ['Whether costs of motion should follow the event in the context of applications for strike out and security for costs']

Ratio Decidendi

As the defendant was largely successful in its motion filed 6 September 2011, and as it was necessary for the defendant to bring the notice of motion, the plaintiffs are ordered to pay the defendant's costs of the motion to date. Costs should follow the event, and no convincing reason was provided to depart from this general rule.

Court Disposition

Plaintiffs ordered to pay defendant's costs of the motion filed 6 September 2011 to date.

Orders

  • ["The plaintiffs are to pay the defendant's costs of the motion, filed 6 September 2011, to date."]