Human Appeal International Australia v Beyond Bank Australia Ltd (No 3) [2023] NSWSC 1622

Supreme Court New South Wales

Medium Neutral Citation: Human Appeal International Australia v Beyond Bank Australia Ltd (No 3) [2023] NSWSC 1622 Hearing dates: 8 December 2023 Date of orders: 8 December 2023 Decision date: 19 December 2023 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [36] Catchwords: COSTS – party/party costs – successful plaintiff – costs follow the event – whether costs awarded to plaintiff should be discounted on account of changes in plaintiff's case at hearing – where primary claim for relief unchanged and successful, but plaintiff abandoned some arguments in support of that claim – where plaintiff succeeded on late additional claim – no discount warranted Legislation Cited: Nil Cases Cited: Australian Prudential Regulation Authority v Hollaway (2000) 35 ASCR 276 Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 Business Finance Pty Ltd v Casula Projects Pty Ltd (No 2) [2022] NSWSC 1608 Human Appeal International Australia v Beyond Bank Australia Limited (No 2) [2023] NSWSC 1161 Human Appeal International Australia v Beyond Bank Australia Limited [2023] NSWSC 382 Leading Edge Events Australia Pty Ltd v Te Kanawa [2007] NSWSC 568 Texts Cited: Nil Category: Costs Parties: Human Appeal International Australia (Plaintiff) Beyond Bank Australia Limited (Defendant) Representation: Counsel: F C Corsaro SC/ M Auld (Plaintiff) G K Burton SC/ S E Sankey (Defendant)

Solicitors: Darby Jones Lawyers (Plaintiff) Wallmans Lawyers (Defendant File Number(s): 2021/266294 Publication restriction: Nil