Dank v Whittaker (No 5) [2014] NSWSC 914

The costs of the defendants' application to consolidate proceedings are to be costs in the cause, as both parties enjoyed partial success and a differential order was appropriate.

Jurisdiction: Australia
Judgment Date: 10 July 2014
Procedural Posture: Defamation Proceedings / Costs Application After Interlocutory Consolidation Order
Outcome: Costs of the defendants' application to consolidate proceedings ordered to be costs in the cause.
Legal Topics: ['costs' 'consolidation of Proceedings' 'abuse of Process']

['defamation' 'civil Procedure'] ['costs' 'consolidation of Proceedings' 'abuse of Process']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Defamation Proceedings / Costs Application After Interlocutory Consolidation Order

Legal Issues

1 ["Whether the costs of the defendants' application to consolidate proceedings should be ordered in favour of the defendants or be costs in the cause" 'Whether the institution of six proceedings constituted an abuse of process']

Ratio Decidendi

The costs of the defendants' application to consolidate proceedings are to be costs in the cause, as both parties enjoyed partial success and a differential order was appropriate.

Court Disposition

Costs of the defendants' application to consolidate proceedings ordered to be costs in the cause.

Orders

["Costs of the defendants' application to consolidate proceedings ordered to be costs in the cause."]