Two Italian Boys Holdings Pty Ltd v The Winery Pty Ltd [2017] NSWSC 67

Two Italian Boys Holdings Pty Ltd v The Winery Pty Ltd [2017] NSWSC 67

The defendant was ultimately successful in obtaining the security it sought, and therefore costs should follow the event, requiring the plaintiffs to pay the defendant's costs of and incidental to its motion for security for costs.

Jurisdiction
Australia
Judgment Date
13 February 2017
Procedural Posture
Civil / Costs Ruling Following Motion for Security for Costs
Outcome
Plaintiffs to pay defendant's costs of and incidental to the motion for security for costs filed on 24 March 2016.
Legal Topics
['costs' 'security for Costs']
['civil Procedure'] ['costs' 'security for Costs']

Case Brief

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Procedural Posture

Civil / Costs Ruling Following Motion for Security for Costs

Legal Issues

  1. 1 ["Who should pay the costs of the defendant's motion for security for costs?" 'Do the circumstances justify a departure from the general rule that costs follow the event?']

Ratio Decidendi

The defendant was ultimately successful in obtaining the security it sought, and therefore costs should follow the event, requiring the plaintiffs to pay the defendant's costs of and incidental to its motion for security for costs.

Court Disposition

Plaintiffs to pay defendant's costs of and incidental to the motion for security for costs filed on 24 March 2016.

Orders

  • ["The plaintiffs should pay the defendant's costs of and incidental to its motion for security for costs filed on 24 March 2016."]