Total Special Projects Pty Ltd v Peter Kanak (No 2) [2021] NSWSC 1261

Total Special Projects Pty Ltd v Peter Kanak (No 2) [2021] NSWSC 1261

As there was no determination of the notice of motion on its merits, no event for purposes of costs rules, and neither party had acted so unreasonably as to justify departure from the default rule, the appropriate order was that each party bear its own costs, including written submissions.

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Costs Determination in Civil Proceedings / Post Hearing, Costs Orders Following Notice of Motion
Outcome
Each party to pay its own costs including the costs of the written submissions.
Legal Topics
['costs' 'notice of Motion' 'amendments to Statement of Claim' 'strikeout Applications']
['civil Procedure'] ['costs' 'notice of Motion' 'amendments to Statement of Claim' 'strikeout Applications']

Case Brief

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Procedural Posture

Costs Determination in Civil Proceedings / Post Hearing, Costs Orders Following Notice of Motion

Legal Issues

  1. 1 ['Proper order as to costs where notice of motion is not determined on merits and pleadings are amended']

Ratio Decidendi

As there was no determination of the notice of motion on its merits, no event for purposes of costs rules, and neither party had acted so unreasonably as to justify departure from the default rule, the appropriate order was that each party bear its own costs, including written submissions.

Court Disposition

Each party to pay its own costs including the costs of the written submissions.

Orders

  • ['Each party is to pay its own costs including the costs of the written submissions.']