Arys Health Pty Ltd v Le (No 2) [2020] NSWSC 198

Supreme Court New South Wales

Medium Neutral Citation: Arys Health Pty Ltd v Le (No 2) [2020] NSWSC 198 Hearing dates: On the papers Date of orders: 06 March 2020 Decision date: 06 March 2020 Jurisdiction: Equity Before: Henry J Decision: Pursuant to r 36.16(1) of the Uniform Civil Procedure Rules 2005 (NSW), order (2) of the orders made in these proceedings on 7 February 2020 be varied to provide that the costs of the plaintiff's application for interlocutory relief be the plaintiff's costs in the cause. Catchwords: COSTS – interlocutory injunction – variation of costs order – application of the usual rule that costs be in the cause or the plaintiffs costs in the cause Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 36.16 Cases Cited: Arys Health Pty Ltd v Le [2020] NSWSC 45 Baller Industries Pty Ltd v Mero Mero Leasing Pty Ltd [2019] NSWSC 1067 Devereaux Holdings Pty Ltd v Pelsart Resources NL (No 2) (Supreme Court (NSW), 24 July 1985, unrep) Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated (No 2) [2007] NSWCA 142 Horrobin v Australia & New Zealand Banking Group Ltd (Court of Appeal (NSW), 6 June 1997, unrep) Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: Nil Category: Costs Parties: Arys Health Pty Ltd (Plaintiff) David Le (First Defendant) Sydney Mechanics School of Arts (Second Defendant) Representation: Counsel: J K Raftery (Plaintiff) R J Pietriche (First Defendant) K Pierce (Second Defendant)