Successful Strike Out Leads to Costs Order - NSW Supreme Court Decision

Supreme Court of New South Wales

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📜 Headnote Official document

The defendant successfully moved to strike out the plaintiff's Commercial List Statement, leading to an order that the plaintiffs pay the defendant's costs. The Court found that there was no measure of success for the plaintiffs and that costs should follow the event.

📚 Full judgment Official document

Supreme Court New South Wales

Medium Neutral Citation: [NAME] v [NAME] Group Limited (Costs) [2021] NSWSC 130 Hearing dates: Written submissions – 19 February 2021 Decision date: 23 February 2021 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: The plaintiffs are to pay the defendant's costs of its motion filed 2 October 2020. Catchwords: COSTS – No issue of principle Cases Cited: [NAME] v [NAME] Group Limited [2020] NSWSC 1787 Category: Costs Parties: [NAME] - First Plaintiff [COMPANY] Plaintiff [NAME] Group Limited - Defendant Representation: Counsel: [redacted]

Solicitors: [redacted] File Number(s): 2020/152708

JUDGMENT 1. HIS HONOUR: On 16 November 2020 I delivered judgment, the result of which was that the plaintiffs' Commercial List Statement was struck out in its entirety on the defendant's motion: [NAME] v [NAME] Group Limited [2020] NSWSC 1787.

2. I made directions for the parties to make written submissions on costs. I received submissions from both sides. The defendant seeks an order that the plaintiffs pay the costs of its motion, which was to dismiss or alternatively to strike out. The plaintiffs contend that each party should pay their own costs because, as opposed to the proceedings having been dismissed, the Court only struck out their Commercial List Statement so that, they say, they had a measure of success.

3. I do not see the plaintiffs as having had any measure of success on the Motion. It is merely that they avoided an even more profound loss. The defendant wholly succeeded in its alternative claim for a striking out, which the plaintiffs stoutly resisted.

4. There is no reason why costs should not follow the event in accordance with the applicable conventional principles.

5. The plaintiffs are to pay the defendant's costs of its motion filed 2 October 2020. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 23 February 2021