Ajay Chand and Shashi Chand v Lifestyle Homes New South Wales Pty Limited

HIS HONOUR: I direct that these proceedings be expedited. Costs of the motion. Costs should follow the event? HO: Yes.

HIS HONOUR: Just the motion. Yes, I see what you mean.

PAINTER: Your Honour, I do make an application for my client's costs in these proceedings. The primary relief that was sought was to set aside the judgment. Your Honour's refused that. Secondary relief arose during the course of argument as an indulgence, if I might put it that way and in those circumstances in my submission the proper order is that my client's costs of the motion be paid by the plaintiffs.

HIS HONOUR: I can see force in that but I think the relief I will provide your client is not to order costs against your client and I am going to order that each party bear their own costs of the motion.

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