NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hargood v OHTL Public Company Ltd (No. 2) [2015] NSWSC 511 Hearing dates: 1 May 2015 Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Plaintiff's application for payment of costs forthwith re Notice of Motion filed 15 September 2014 refused. 2. Plaintiff to pay Defendants' costs of this application. Catchwords: PROCEDURE - costs – when payable – application by Defendant for stay by reason of inappropriate forum – application dismissed with costs – whether costs payable forthwith – ordinary rule – whether case is out of the ordinary – application refused. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alstom Powell Limited v Yokogawa Australia Pty Limited [2006] SASC 87 Courtney v Medtel Pty Limited (No 3) [2004] FCA 347 Fiduciary Limited v Morningstar Research Pty Limited [2002] NSWSC 432; (2002) 55 NSWLR 1 In the matter of Elsmore Resources Limited [2014] NSWSC 1390 Category: Costs Parties: Jane Louise Hargood (Plaintiff) OHTL Public Company Ltd (First Defendant) Mandarin Oriental Hotel Group Limited (Second Defendant) Mandarin Oriental International Limited (Third Defendant) Representation: Counsel: H Chiu (Plaintiff) C O Gleeson (Defendants)
Solicitors: W.G. McNally Jones Staff (Plaintiff) Baker & McKenzie (Defendants) File Number(s): 2014/176760
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