Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited (No. 3) [2020] NSWSC 941

Supreme Court New South Wales

Medium Neutral Citation: Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited (No. 3) [2020] NSWSC 941 Hearing dates: Decided in chambers on the papers. Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Equity Before: Slattery J Decision: Order for costs made on Cross-Claim. Catchwords: JUDGMENT AND ORDERS – Amending, varying and setting aside – Correction under slip rule – declarations made on a Cross-Claim in favour of the cross-claimant – Court's reasons for decision indicate that the cross-claimants should have their costs of the Cross-Claim – no order for costs made on the Cross-Claim – cost assessment commences and issue arises whether a costs order can now be made under the slip rule, Uniform Civil Procedure Rules 2005, r 36.17. Legislation Cited: Uniform Civil Procedure Rules 2005, r 36.17 Cases Cited: Ainsworth v Wilding (1896) 1 Ch 673 Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited [2019] NSWSC 635 Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited (No. 2) [2019] NSWSC 1135 Barrell Insurances Pty Ltd v Pennant Hills Restaurants Pty Ltd (1983) 49 ALR 384 Commonwealth v McCormack (1984) 155 CLR 273 Ivanhoe Gold Corp Ltd v Symonds (1906) 4 CLR 642 Storey Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 Category: Costs Parties: First plaintiff: Australian Unity Retirement Living Management Pty Ltd (ACN 003 434 115) Second plaintiff: Lifestyle Manor Bondi Pty Ltd (ACN 107 908 234) Third plaintiff: Lifestyle Manor Anglesea Pty Ltd (ACN 114 898 181) Fourth plaintiff: Australian Unity Aurora Pty Ltd (ACN 615 512 886)