Solarus Projects v Vero Insurance [No 4] [2013] NSWSC 1012

Solarus Projects v Vero Insurance [No 4] [2013] NSWSC 1012

The Court held that while the second plaintiff's conduct concerning the motion was not unreasonable, the remaining Barrett J considerations, especially the discrete nature of the application and the ongoing nature of the litigation, supported making an order for the costs of the notice of motion to be paid forthwith.

Source-derived case information.

Parties
First Plaintiff: Solarus Projects Pty Ltd; Second Plaintiff: G.A.P. Constructions Pty Ltd; Defendant: Vero Insurance Limited
Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Interlocutory Application / Hearing and Determination of Notice of Motion for Extension of Time to Provide Security for Costs
Outcome
Second plaintiff's notice of motion dismissed by consent; second plaintiff to pay the costs of the defendant and first plaintiff forthwith in relation to the notice of motion.
Legal Topics
Notice of Motion for Extension of Time, Security for Costs, Costs Payable Forthwith
Practice and Procedure Costs Notice of Motion for Extension of Time Security for Costs Costs Payable Forthwith

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Parties

Solarus Projects Pty Ltd

First Plaintiff

G.A.P. Constructions Pty Ltd

Second Plaintiff

Vero Insurance Limited

Defendant

Procedural Posture

Interlocutory Application / Hearing and Determination of Notice of Motion for Extension of Time to Provide Security for Costs

Legal Issues

  1. 1 Whether the second plaintiff's motion for extension of time to provide security for costs should be dismissed by consent
  2. 2 Whether costs of the application should be payable forthwith

Ratio Decidendi

The Court held that while the second plaintiff's conduct concerning the motion was not unreasonable, the remaining Barrett J considerations, especially the discrete nature of the application and the ongoing nature of the litigation, supported making an order for the costs of the notice of motion to be paid forthwith.

Court Disposition

Second plaintiff's notice of motion dismissed by consent; second plaintiff to pay the costs of the defendant and first plaintiff forthwith in relation to the notice of motion.

Orders

  • The second plaintiff's notice of motion filed on 17 May 2013 is dismissed by consent.
  • The second plaintiff to pay the costs of the defendant and the first plaintiff of and incidental to the notice of motion filed on 17 May 2013 forthwith after they have been agreed or assessed.