NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Zircodata Information Holdings Pty Ltd v Iron Mountain Global Holdings Inc [2023] NSWSC 518 Hearing dates: 12 May 2023 Decision date: 19 May 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The plaintiff pay forthwith the defendant the sum of $66,284.97 in respect of the defendant's costs of attending the mediation in this matter that occurred on 9 November 2022. Catchwords: COSTS — Party/Party — Costs orders in interlocutory proceedings — Where party granted costs thrown away by reason of other party amending its pleadings — Whether party entitled to gross sum costs of mediation as part of the costs thrown away — Where parties were waiting for evidence to be completed before attending mediation — Where amendments result in new evidence being filed — Where mediation failed because it was conducted on a false basis — Where it is likely the court will order a further mediation once all the new evidence is complete Cases Cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Ingot v Macquarie [2004] NSWSC 1219 Category: Procedural rulings Parties: Zircodata Information Holdings Pty Ltd (Plaintiff) Iron Mountain Global Holdings Inc (Defendant) Representation: Counsel: SA Lawrance SC with A Campbell (Plaintiff) DR Sulan SC with M Hall (Defendant)
Solicitors: Arnold Bloch Leibler (Plaintiff) Allens (Defendant) File Number(s): 2019/88175 Publication restriction: None
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