Benson v Rational Entertainment Enterprises Ltd (No 2) [2015] NSWSC 1261

Supreme Court New South Wales

Medium Neutral Citation: Benson v Rational Entertainment Enterprises Ltd (No 2) [2015] NSWSC 1261 Hearing dates: In chambers Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Equity Before: Robb J Decision: (1) No order as to costs of the amended notice of motion filed on 23 June 2014 with the intention that the plaintiff and the defendants shall pay their own costs. (2) Order the plaintiff pay the costs of the defendants of and occasioned by the plaintiff's amendment of his statement of claim. Catchwords: PROCEDURE – costs – the defendants' amended notice of motion seeking the plaintiff's statement of claim be set aside was dismissed – however, plaintiff accepted it had misconceived part of his claims and accordingly amended his statement of claim – the court held that each party enjoyed an equal measure of success – each party to bear their own costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde [2000] 201 CLR 552 Category: Costs Parties: Gary Benson (plaintiff) Rational Entertainment Enterprises Ltd (first defendant) Rational Group Limited (second defendant) Oldford Group Limited (third defendant) Rational FT Limited (fourth defendant) Representation: Counsel: M W Young SC/M Gunning (plaintiff) A Zahra (first – fourth defendants)

Solicitors: Miedzinski Lawyers (plaintiff) Addisons (first – fourth defendants) File Number(s): 2014/336109 Publication restriction: None