Thorne Developments Pty Ltd v Laird

In Thorne Developments Pty Ltd v Laird, the plaintiff sought the repayment of monies owed under a Loan Agreement and the validation of related agreements executed while the plaintiff was de-registered. The proceedings were initially commenced in the Supreme Court of New South Wales and later transferred to the Supreme Court of Queensland. The plaintiff, Thorne Developments Pty Ltd, was successful against the first, second, and third defendants, but unsuccessful against the fourth defendant. The plaintiff sought the validation of the agreements and the repayment of the money owed under the Loan Agreement. The court was required to determine various issues relating to costs, including the costs of the proceedings in New South Wales, costs of amendments to the pleadings, costs of various mentions, costs of specific applications, costs of the fourth defendant, recovery of expenses by the plaintiff, and the fate of the costs guarantee. The court held that the plaintiff should have its costs of the proceedings in New South Wales, except in respect of which there have already been costs orders against it. The court further held that the plaintiff should pay the costs thrown away by the amendments unless the Court otherwise orders. The first, second, and third defendants ought to be ordered to pay the costs reserved on each of the mentions. There should be no order as to costs of the applications of 20 September 2021 and 23 January 2023. The plaintiff shall pay the first defendant’s costs reserved by order of 23 January 2023. There shall be no order as to costs for those costs reserved by order of 20 September 2021 or the proceedings against the fourth defendant.