Oliver Cook (led by I Ahmed SC) represented the second defendant, instructed by Mallesons.
This decision concerns the apportionment of costs between the plaintiff and defendants, in circumstances where the plaintiff was granted an extension of time to file their application and a fifth statement of claim, and subsequently, in response to the defendants’ complaints about the adequacy of this statement of claim, was granted leave to file a sixth statement of claim. The defendants submitted that in obtaining leave to file the sixth statement of claim, the plaintiff was granted an indulgence that justified the court departing from the general rule that costs follow the event. Accordingly, they successfully sought orders that the plaintiff pay the defendants’ costs of the application up to and including the day the sixth statement of claim was provided to the defendants, and that the parties’ costs of the application from the day the sixth statement of claim was provided be costs in the cause.
The judgment can be read by clicking here
