[2022] NSWSC 818

Qasim v Bird & Ors (No 5)

The plaintiff is to pay the third defendant’s costs of the notice of motion filed 9 April 2022.

Catchwords

COSTS – where defendant successful on notice of motion to dismiss the proceedings – no question of principle

[1]
On 3 June 2022 I made orders dismissing the proceedings brought by the plaintiff against the third defendant: Qasim v Bird & Ors (No 4) [2022] NSWSC 722
[2]
I reserved the question of costs because the third defendant indicated that, if successful on his notice of motion, he would seek a lump sum costs order. I also made directions for the service of affidavits and submissions in relation to any application for a lump sum costs order.
[3]
On 10 June 2022 my Associate was notified by the solicitors for the third defendant that the third defendant sought costs on the ordinary basis only, that is, that costs should follow the event of the notice of motion. The plaintiff was copied into that email. The plaintiff had been given until 17 June 2022 to file and serve any affidavits and submissions in response to those received from the third defendant.
[4]
On 16 June 2022 the plaintiff forwarded an email to my associate which appeared to be her submissions in relation to the question of costs. In its entirety, the email said this:
[5]
The plaintiff does not put forward any reason to show why costs of the third defendant’s notice of motion should not follow the event.
[6]
In the circumstances, the third defendant should have his costs of the notice of motion.
[7]
Accordingly, I make the following order: