180 Capital Finance Pty Ltd v Coomer (No 2)

180 Capital Finance Pty Ltd sought summary judgment against Coomer, which was opposed. The applicants then applied to set aside or stay the summary judgment, which was dismissed. The applicants sought an order as to costs in the circumstances. The defendants cross-applied for an order as to costs. The court considered the appropriate costs order and consequential orders in the circumstances of the case.

The court noted that the applicants’ application to set aside or stay the summary judgment was dismissed. The court also noted that the defendants’ cross-application for an order as to costs was premature, as the matter was still in interlocutory stage. The court considered the appropriate costs order in the circumstances, having regard to the general rule that costs follow the event. The court noted that the applicants’ application to set aside or stay the summary judgment was dismissed, and that the defendants’ cross-application for an order as to costs was premature.

The court made an order discharging all interlocutory injunctions and undertakings. The court also granted leave for the defendants to join 180 Corporate Pty Ltd as a new defendant to the counterclaim. The court ordered the first and second defendants to file and serve a further amended defence and counterclaim by 10 August 2010. The court ordered the plaintiff and 180 Corporate Pty Ltd to file a defence to the counterclaim by 31 August 2010. The court ordered that disclosure be completed by 21 September 2010. The court listed the matter for case flow review on 24 September 2010. The court ordered the defendants to pay the plaintiff’s costs of and incidental to the application filed on 18 September 2009 to be assessed.