In the matter of The Consortium Centre Pty Limited (No 2) [2012] NSWSC 1093

In the matter of The Consortium Centre Pty Limited (No 2) [2012] NSWSC 1093

There was no sufficient reason advanced to depart from the general rule that costs follow the event. Robinson Legal, as the successful party in the interlocutory application, should be compensated for the costs incurred, and Mr Keogh should pay those costs on the ordinary basis, assessable and payable forthwith.

Parties
Plaintiff: The Consortium Centre Pty Limited; First Defendant/applicant: Robert Anthony Keogh; Second Defendant: Rewardweb Pty Limited; Third Defendant: Promotion Marketing Pty Limited; Fourth Defendant: Urma Pty Limited; Fifth Defendant: Course Logistics Services Pty Limited; First Respondent: Robinson Legal Pty Limited; Second Respondent: Andrew Robinson; Third Respondent: Dominique Robinson; Fourth Respondent: Julie Briscoe
Jurisdiction
Australia
Judgment Date
13 September 2012
Procedural Posture
Interlocutory Application / Post Dismissal, Costs Determination
Outcome
First Defendant/Applicant to pay Respondents' costs of and incidental to Interlocutory Process on ordinary basis, as agreed or assessed, and such costs be assessable and payable forthwith.
Legal Topics
Costs, Interlocutory Applications
Civil Procedure Costs Interlocutory Applications

Case Brief

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Parties

The Consortium Centre Pty Limited

Plaintiff

Robert Anthony Keogh

First Defendant/applicant

Rewardweb Pty Limited

Second Defendant

Promotion Marketing Pty Limited

Third Defendant

Urma Pty Limited

Fourth Defendant

Course Logistics Services Pty Limited

Fifth Defendant

Robinson Legal Pty Limited

First Respondent

Andrew Robinson

Second Respondent

Dominique Robinson

Third Respondent

Julie Briscoe

Fourth Respondent

Procedural Posture

Interlocutory Application / Post Dismissal, Costs Determination

Legal Issues

  1. 1 Whether the usual order that costs follow the event should be made following dismissal of an interlocutory process.
  2. 2 Whether there is justification to limit costs payable by the unsuccessful applicant.

Ratio Decidendi

There was no sufficient reason advanced to depart from the general rule that costs follow the event. Robinson Legal, as the successful party in the interlocutory application, should be compensated for the costs incurred, and Mr Keogh should pay those costs on the ordinary basis, assessable and payable forthwith.

Court Disposition

First Defendant/Applicant to pay Respondents' costs of and incidental to Interlocutory Process on ordinary basis, as agreed or assessed, and such costs be assessable and payable forthwith.

Orders

  • The First Defendant/Applicant pay the Respondents' costs of and incidental to the Interlocutory Process filed on 5 March 2012 and heard on 19, 20 and 25 July 2012 on an ordinary basis, as agreed or as assessed.
  • For the avoidance of doubt, the costs payable by the First Defendant/Applicant be assessable and payable to the Respondents forthwith.