Moses v Ratner (No 2)

Moses v Ratner was an action heard in the Supreme Court of Victoria. The plaintiff, Moses, sought to strike out the defendants' defence and obtain a default judgment following numerous delays and failures by the defendants to comply with court orders. The defendants, Ratner, opposed the plaintiff's motion. The court had to determine whether the plaintiff's motion to strike out the defence and enter a default judgment should be granted, and whether the general rule that costs follow the event should be departed from in this case. The court also had to consider whether there were any exceptional circumstances that would justify awarding costs against a party other than the one who caused the delay.
The court held that it was not appropriate to grant the plaintiff's motion to strike out the defence and enter a default judgment. The court noted that it must do justice to both parties and that the defendants had not acted in bad faith. The court also held that the general rule that costs follow the event should not be departed from in this case. The court found that the delays were caused by the defendants' solicitors and not the defendants themselves. The court held that the defendants were not responsible for the actions of their solicitors and therefore should not be penalised with costs. The court dismissed the plaintiff's motion and ordered that each party bear their own costs.