Amirbeaggi and Anor v Matrix Group Co Pty Limited (No. 2) [2020] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: Amirbeaggi and Anor v Matrix Group Co Pty Limited (No. 2) [2020] NSWSC 962 Hearing dates: On the papers Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Common Law Before: Johnson J Decision: The costs order made on 30 June 2020 is varied and an order is made that the Appellants pay the Respondent's costs of the Summons and the proceedings in this Court on an indemnity basis. Catchwords: COSTS – application for indemnity costs by successful respondent - application for leave to appeal from Local Court in civil proceedings - proceedings on foot in District Court raising same issue - unnecessary duplication of proceedings by appellants - proportionality of costs under s.60 Civil Procedure Act 2005 - duty of parties under s.56 Civil Procedure Act 2005 - unreasonable conduct by appellants established - costs awarded on indemnity basis Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 Home Building Act 1989 Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Amirbeaggi and Anor v Matrix Group Co Pty Limited [2020] NSWSC 827 Bon Appetit Family Restaurant Pty Limited v Mongey [2009] NSWCA 14 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Harrison v Schipp [2001] NSWCA 13 Leichhardt Municipal Council v Green [2004] NSWCA 341 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No. 3) [2010] NSWSC 1139 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 White Constructions (ACT) Pty Limited (in liquidation) v White and Ors [2004] NSWSC 303 Texts Cited: --- Category: Costs Parties: Farshad Amirbeaggi and Brooke Maniscalco (Appellants) Matrix Group Co Pty Limited (Respondent) Representation: Counsel: Mr AF Fernon (Appellants) Mr D Ward, solicitor (Respondent)