Preston v Nikolaidis (No 2) [2021] NSWSC 174

Supreme Court New South Wales

Medium Neutral Citation: Preston v Nikolaidis (No 2) [2021] NSWSC 174 Hearing dates: On the papers. Written submissions received on 16 February and 2 March 2021. Date of orders: 3 March 2021 Decision date: 03 March 2021 Jurisdiction: Equity - Applications List Before: Williams J Decision: Order that the plaintiff pay the defendants' costs of and incidental to the plaintiff's application for leave to file the verified pleading on an indemnity basis. Catchwords: COSTS – indemnity basis – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16(3), 42.2 Cases Cited: Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No. 2) [2009] NSWCA 12 CG Maloney Pty Ltd v Noon [2011] NSWCA 397 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Oshlack v Richmond River Council (1998) 193 CLR 72 Preston v Nikolaidis [2021] NSWSC 36 Preston v Preston [1982] 1 All ER Category: Costs Parties: In proceeding 1993/23395: John Preston (First Plaintiff/Applicant) Western Suburbs Constructions Pty Ltd (formerly Preston Erections Pty Limited) (Second Plaintiff) Leon Nikolaidis in his capacity as the executor of the estate of the late Mitrofanis Demetrius Nikolaidis (First Defendant/First Respondent) Leon Nikolaidis trading as M.D. Nikolaidis & Co (Second Defendant/Second Respondent) Michael Zwar (Third Defendant/Third Respondent)