Saad v Chubb Security Pty Ltd (No 2) [2014] NSWSC 1833

Saad v Chubb Security Pty Ltd (No 2) [2014] NSWSC 1833

Where interlocutory Notices of Motion produce mixed or partial success for multiple parties, the court may apportion costs to reflect specific outcomes on each motion and issue, applying r 42.7(2) so that such costs are not payable until proceedings conclude unless the court orders otherwise. Individual costs orders should correspond with the extent of each party's respective success and the interlocutory nature of the applications.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Costs Application in Ongoing Proceedings / Post Interlocutory, Costs Determination for Interlocutory Motions
Outcome
Costs apportioned among parties according to success on interlocutory Notices of Motion; most orders payable at conclusion of proceedings.
Legal Topics
['costs' 'interlocutory Applications' 'notices of Motion' 'costs Orders']
['civil Procedure'] ['costs' 'interlocutory Applications' 'notices of Motion' 'costs Orders']

Case Brief

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Procedural Posture

Costs Application in Ongoing Proceedings / Post Interlocutory, Costs Determination for Interlocutory Motions

Legal Issues

  1. 1 ['How costs should be apportioned where parties have partial success on interlocutory Notices of Motion' 'Whether costs should follow the event or be costs in the cause in interlocutory applications' 'Application of UCPR 42.7(2) on interlocutory costs']

Ratio Decidendi

Where interlocutory Notices of Motion produce mixed or partial success for multiple parties, the court may apportion costs to reflect specific outcomes on each motion and issue, applying r 42.7(2) so that such costs are not payable until proceedings conclude unless the court orders otherwise. Individual costs orders should correspond with the extent of each party's respective success and the interlocutory nature of the applications.

Court Disposition

Costs apportioned among parties according to success on interlocutory Notices of Motion; most orders payable at conclusion of proceedings.

Orders

  • ["The plaintiff to pay the second defendant's costs of the Notice of Motion filed 13 April 2011." "The plaintiff pay 50% of the first defendant's costs of the Notice of Motion filed 14 April 2011." "The plaintiff is to pay the first defendant's costs incurred in respect of the plaintiff re-pleading the cause of...