Strategic Communications Management Pty Ltd v Techfront Australia Pty Ltd [2020] NSWSC 957

Strategic Communications Management Pty Ltd v Techfront Australia Pty Ltd [2020] NSWSC 957

The plaintiff is entitled to judgment against the second, third, and fourth defendants, to costs (with an exclusion of costs related to unsuccessful damages and the Samuel report), and to pre-judgment interest, with release of security for costs. Costs of the three day hearing to be reduced by 10%.

Jurisdiction
Australia
Judgment Date
27 July 2020
Procedural Posture
Commercial List (equity) Proceedings / Costs and Final Orders After Judgment
Outcome
Judgment for the plaintiff against the second, third, and fourth defendants; costs awarded on reduced basis; security for costs released; discontinuance against first defendant with no order as to costs.
Legal Topics
['costs' 'judgment Enforcement' 'interest on Judgment Debts' 'security for Costs']
['equity' 'commercial Law'] ['costs' 'judgment Enforcement' 'interest on Judgment Debts' 'security for Costs']

Case Brief

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Procedural Posture

Commercial List (equity) Proceedings / Costs and Final Orders After Judgment

Legal Issues

  1. 1 ['Whether plaintiff is entitled to costs of proceedings' 'Whether plaintiff is entitled to pre-judgment interest' 'Whether costs related to expert witness report should be excluded' 'Release of security for costs']

Ratio Decidendi

The plaintiff is entitled to judgment against the second, third, and fourth defendants, to costs (with an exclusion of costs related to unsuccessful damages and the Samuel report), and to pre-judgment interest, with release of security for costs. Costs of the three day hearing to be reduced by 10%.

Court Disposition

Judgment for the plaintiff against the second, third, and fourth defendants; costs awarded on reduced basis; security for costs released; discontinuance against first defendant with no order as to costs.

Orders

  • ['Judgment for the plaintiff against the second, third, and fourth defendants for $6,696,392.' "Second, third, and fourth defendants to pay plaintiff's costs as agreed or assessed, with plaintiff entitled to only 90% of the costs of the three day hearing and excluding costs of and incidental to the preparation and...