Orchid Avenue Pty Ltd v Hingston (No 2)

Orchid Avenue Pty Ltd, a property developer, was engaged in a legal dispute with Hingston over an agreement for the sale of a property. The case was heard by the Supreme Court of New South Wales, with the plaintiff, Orchid Avenue, seeking costs associated with the successful claim and counterclaim. The defendants did not submit any written arguments, and the plaintiff had fulfilled all necessary conditions for recovering its costs.

The court was required to determine whether the plaintiff should be granted its costs on the standard basis, given that it was entirely successful in the claim and counterclaim. The absence of written submissions from the defendants did not provide any grounds for denying the plaintiff's request for costs.

The court ruled that there was no reason why the plaintiff should not receive its costs, as it had been entirely successful in both the claim and the counterclaim. The absence of written submissions from the defendants did not constitute a valid reason to deny the plaintiff its costs. Consequently, the court ordered that the defendants pay the plaintiff its costs on the standard basis and that the deposit of $315,000, together with any interest earned, be released to the plaintiff.