Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 24) [2020] NSWSC 1498

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 24) [2020] NSWSC 1498 Hearing dates: 26 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Subject to any previous interlocutory orders that the plaintiff pay specific costs of any of the defendants or that the plaintiff pay its own costs, the defendants jointly and severally pay the plaintiff's costs of the proceedings to date other than any costs referable to the plaintiff's foreshadowed application for an order under s 177(1)(f) of the Civil Procedure Act 2005, the plaintiff's notice of motion dated 4 September 2020, the first defendant's notice of motion dated 27 August 2020, the second defendant's notice of motion dated 14 September 2020 and the third defendant's notice of motion dated 10 September 2020. 2. Reserve liberty to apply to the plaintiff to apply for a determination of the question of whether the costs payable by the third defendant in accordance with order 1 be assessed on an ordinary basis or on an indemnity basis. 3. Reserve liberty to the plaintiff to apply for an order under s 98(4)(c) of the Civil Procedure Act 2005 in respect of the costs payable to it and associated orders. 4. The Court declares that, as between the first, second and third defendants, they are liable to indemnify each other in respect of the party/party costs payable and paid to the plaintiff on the basis that the first defendant is to ultimately bear 50% of those party/party costs, the second defendant is to ultimately bear 30% of those party/party costs and the third defendant is to ultimately bear 20% of those party/party costs. Catchwords: COSTS – representative proceedings – multiple defendants – joint and several costs order in favour of plaintiff – extent to which defendants must contribute to each other's obligation to pay plaintiff's costs. Legislation Cited: Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Law Reform Act 1995 (Qld) Supreme Court Act 1970 Cases Cited: James Hardie v Wyong Shire Council (2000) 48 NSWLR 679; [2000] NSWCA 107 Lee v Carlton Crest Hotel (Sydney) Pty Ltd (No 2) [2014] NSWSC 1586 Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 23) [2020] NSWSC 650 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 9) [2017] NSWSC 111 Category: Costs Parties: Rodriguez & Sons Pty Limited (Plaintiff) Queensland Bulk Water Supply Authority t/as Seqwater (First Defendant) SunWater Limited (Second Defendant) State of Queensland (Third Defendant) Representation: Counsel: J Sexton SC; N Owens SC; R May; S Chordia (Plaintiff) J Stoljar SC; D Klineberg; T Prince (First Defendant) D Williams SC; HJA Neal; A Barnett (Second Defendant) JM Horton QC; E Morzone; D Bampton (Third Defendant)