Australia Eastern Railroad Pty Ltd v Macquarie Specialised Asset Management Ltd (No 2) [2020] NSWSC 963

Supreme Court New South Wales

Medium Neutral Citation: Australia Eastern Railroad Pty Ltd v Macquarie Specialised Asset Management Ltd (No 2) [2020] NSWSC 963 Hearing dates: 17 July 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Equity Before: Robb J Decision: See par [54]. Catchwords: COSTS — Party/Party — Costs orders in interlocutory proceedings — where the plaintiff had established a right to an order for preliminary discovery — where the parties disagreed as to the order for costs that the Court should make — where there is no general rule in relation to orders for costs for preliminary discovery applications — where there should be no order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Airways Corporation of New Zealand v The Present Partners of Pricewaterhouse Coopers Legal [2002] NSWSC 521 Arnaout v Arnaout [2019] NSWSC 565 Athena Investments Holdings LLC v AJ Lucas Group Ltd [2013] NSWSC 1837 Australia Eastern Railway Pty Ltd v Macquarie Specialised Asset Management Ltd [2020] NSWSC 723 Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694 C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 Renton v Kelly [2018] NSWSC 1377 Steffen v ANZ Banking Group [2009] NSWSC 883 Totalise Plc v The Motley Fool Ltd & Interactive Investor Ltd [2001] EMLR 29 Category: Costs Parties: Australia Eastern Railroad Pty Ltd (plaintiff) Macquarie Specialised Asset Management Ltd as trustee for the MAIF Investment Trust (first defendant) Macquarie Australian Infrastructure Management Ltd as trustee for the Macquarie Australian Infrastructure Trust 1 (second defendant) Macquarie Australian Infrastructure Management 1 Limited as trustee for the Scissor Holdings Trust (third defendant) Macquarie Australian Infrastructure Management 1 Ltd as trustee for the PGGM Ibis LP Trust (fourth defendant) Scissor Holdings Pty Ltd (fifth defendant) Macquarie Corporation Holdings Pty Ltd (sixth defendant) Representation: Counsel: D Sulan (plaintiff) C Bannan (defendants)