Westpac Banking Corporation v Makhoul [2018] NSWSC 883

Westpac Banking Corporation v Makhoul [2018] NSWSC 883

Because there was at least a strong prospect that the work done in preparation for the motion would not ultimately prove to have been wasted or thrown away, the Court made the costs orders proposed by the plaintiff.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Civil Proceedings Concerning an Application to Amend and Costs / Ex Tempore Judgment on Costs Following Consent to Amendment
Outcome
Plaintiff granted leave to file and serve a third further amended statement of claim; costs orders made as proposed by the plaintiff.
Legal Topics
['costs Thrown Away by Reason of Amendment' 'leave to File and Serve Further Amended Statement of Claim' 'costs in the Cause']
['civil Procedure' 'costs'] ['costs Thrown Away by Reason of Amendment' 'leave to File and Serve Further Amended Statement of Claim' 'costs in the Cause']

Case Brief

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Procedural Posture

Civil Proceedings Concerning an Application to Amend and Costs / Ex Tempore Judgment on Costs Following Consent to Amendment

Legal Issues

  1. 1 ["Whether the third and fourth defendants' costs thrown away should include costs thrown away by reason of the late revision to the proposed amendment." "Whether the costs of the plaintiff's notice of motion filed 13 November 2017 should be costs in the cause."]

Ratio Decidendi

Because there was at least a strong prospect that the work done in preparation for the motion would not ultimately prove to have been wasted or thrown away, the Court made the costs orders proposed by the plaintiff.

Court Disposition

Plaintiff granted leave to file and serve a third further amended statement of claim; costs orders made as proposed by the plaintiff.

Orders

  • ['Plaintiff granted leave to file and serve a third further amended statement of claim by 8 June 2018.' 'Third and fourth defendants to file and serve a defence to the third further amended statement of claim and any cross-claim by 29 June 2018.' "Plaintiff to pay the third and fourth defendants' costs thrown away...