Hugh Corporation Pty Ltd v TAL Life Ltd (No 2) [2015] NSWSC 707

Supreme Court New South Wales

Medium Neutral Citation: Hugh Corporation Pty Ltd v TAL Life Ltd (No 2) [2015] NSWSC 707 Hearing dates: Decided on the papers Date of orders: 04 June 2015 Decision date: 04 June 2015 Jurisdiction: Equity Division Before: Robb J Decision: (1) Order that there be no order for the costs of the plaintiff's notice of motion filed on 12 December 2014 with the intent that each party will pay its own costs of that notice of motion.

(2) Note that the costs that are intended to be the subject of order (1) include all of the costs from the filing of the notice of motion to the making by the Court of the orders contained in the short minutes of order made on 22 May 2015.

(3) Order that the defendant pay to the plaintiff the additional costs incurred by the plaintiff as a result of the service by the defendant on the plaintiff of an amended defence and an amended cross claim, being costs additional to those that the plaintiff would have incurred if the defendant had not amended its defence and cross claim. Catchwords: PROCEDURE – costs – each party bears its own costs concerning substantive notice of motion – plaintiff seeks costs thrown away – defendant required to amend its pleadings – defendant to pay additional costs of the plaintiff regarding pleading amendments Cases Cited: Tugrul v Tarrants Financial Consultants Pty Ltd (in liq) (No 1) [2013] NSWSC 1561 Category: Costs Parties: Hugh Corporation Pty Ltd (plaintiff) TAL Life Ltd (defendant) Representation: Counsel: H Insall SC (plaintiff) TAL Life Ltd (defendant)