Kazal v Fairfax Media Publications Pty Limited (No 2) [2015] NSWSC 1422

Supreme Court New South Wales

Medium Neutral Citation: Kazal v Fairfax Media Publications Pty Limited (No 2) [2015] NSWSC 1422 Hearing dates: On the papers Decision date: 28 September 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. The plaintiff to pay the defendants' wasted costs in addressing the Statement of Claim filed 18 March 2014;

2. Subject to order (3), the plaintiff to pay the defendants' wasted costs in addressing the proposed Amended Statement of Claim served 12 August 2014, payable forthwith;

3. Each party to bear his or their own costs of the vacation of the hearing date on 17 December 2015 by reason of the Martin Place siege;

4. The plaintiff to pay the defendants' wasted costs in addressing the proposed Amended Statement of Claim served 24 April 2015;

5. The Plaintiff to pay the Defendants' costs of and occasioned by his application to amend the Statement of Claim and the hearing before me on 11 September 2015, including the costs of the costs' application determined by me on the papers. Catchwords: COSTS – application to amend pleadings – multiple iterations of proposed pleading served by plaintiff – no exception to general rule that amending party is obliged to pay the other party's costs thrown away by reason of the amendment – whether costs ought be payable forthwith – plaintiff maintained appropriateness of pleading despite detailed objections – plaintiff subsequently radically altered pleading – order made requiring costs to be paid forthwith Legislation Cited: Supreme Court Rules 1970 (NSW), Pt 52A, r 9 Uniform Civil Procedure Rules 2005 (NSW), rr 15.9, 42.7 Cases Cited: Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; 55 NSWLR 1 Kazal v Fairfax Media Publications Pty Ltd [2015] NSWSC 1336 Category: Costs Parties: Oscar Kazal (Plaintiff) Fairfax Media Publications Pty Limited (First Defendant) Fairfax Digital Australia and New Zealand Pty Limited (Second Defendant) Linton Besser (Third Defendant) Kate McClymont (Fourth Defendant) Representation: Counsel: (On the papers)