› whether the applicant should pay the costs of compliance up front - whether the costs of compliance should be paid only after compliance has taken place.
Costs
› costs follow the event - applicant for preliminary discovery successful on some claims for relief but other claims for relief abandoned or applicant unsuccessful on those claims
› what order for costs should be made based upon the degree of success the plaintiffs have achieved.
Practice and Procedure
› dispute about form of orders after contested hearing
› parties advance separate sets of contested orders to the Court
› which orders better reflect the Court’s reasons in its principal judgment.
Case Details
Citation[2017] NSWSC 1505
CourtNSWSC
JurisdictionNew South Wales
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