Ozland Fashion Pty Ltd v Kingsmede Projects Pty Ltd [2020] NSWSC 763

Supreme Court New South Wales

Medium Neutral Citation: Ozland Fashion Pty Ltd v Kingsmede Projects Pty Ltd [2020] NSWSC 763 Hearing dates: On the papers Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Equity Before: Darke J Decision: Defendants ordered to pay plaintiffs' costs of the proceedings. Catchwords: COSTS — party/party — plaintiffs provided bank guarantee as security for performance of obligations under lease — dispute with defendants as to whether an amount of less than $5000 was owing — defendants made call on bank guarantee for full amount of $85,000 — plaintiffs sought urgent injunction against defendants — no final determination on central issue as Court made orders by consent — conduct of the defendants unreasonable in the circumstances — unreasonable conduct essentially invited the litigation — defendants ordered to pay plaintiffs' costs of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Cargill International SA Antigua Geneva Branch v Bangladesh Sugar and Food Industries Corporation [1996] 2 Lloyd's Rep 524 Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 458 Fletcher Constructions Australia Ltd v Varnsdorf [1998] 3 VR 812 Nichols v NSF Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 O'Sullivan v National Australia Bank Ltd, unreported, 11 June 1998, Supreme Court of New South Wales Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Ozland Fashion Pty Ltd (First Plaintiff) KXF Fashion Pty Ltd (Second Plaintiff) Kingsmede Projects Pty Ltd (First Defendant) KOM Industrial Pty Ltd (Second Defendant) Representation: Counsel: Mr T Maltz (Defendants)