Jordan v Goldspring (No 2) [2021] NSWSC 215

Supreme Court New South Wales

Medium Neutral Citation: Jordan v Goldspring (No 2) [2021] NSWSC 215 Hearing dates: In Chambers – On the papers Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court: 1. Orders that the fifth Defendant, Goldspring's Australia PM Pty Ltd (as the trustee of the Goldsprings Family Trust) and the seventh Defendant, Goldspring Equipment Hire Pty Ltd (as the trustee of the Fred Goldspring and Sons Family Trust) pay 80 per cent of the Plaintiffs' costs, calculated on the indemnity basis, of the amended Summons filed on 9 September 2019. 2. Orders that the costs to be paid by the fifth and seventh Defendants shall be without recourse to the trust property of which each is a trustee. 3. Makes no order as to costs of each of the other Defendants to the intent that each should bear his, or her, or its, own costs, respectively, of the amended notice of motion without recourse to the trust fund of which each is a trustee or a director of the trustee. Catchwords: COSTS – Trusts and trustees – Where Plaintiffs did not know whether they were beneficiaries or discretionary objects, or whether they were within a class of beneficiaries or discretionary objects, or whether they had an interest in the property subject to trusts – Court found that Plaintiffs entitled to access to some documents relating to different trusts created during the lifetime of their parents – Basis of quantification of costs - Whether costs of application for disclosure of documents, calculated on the indemnity basis, should be paid – Question raised as to which Defendants should pay the costs – No dispute that at least fifth Defendant and seventh Defendant should pay costs, and that there should be no indemnity provided from the trust property respectively Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Trustee Act 1925 (NSW) Cases Cited: Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Bullabidgee Pty Ltd v McCleary (No 2) [2011] NSWCA 343 Colgate-Palmolive Pty Ltd v Cussons (1993) 46 FCR 225; [1993] FCA 801 Commonwealth of Australia v Gretton [2008] NSWCA 117 Drip World Pty Ltd v Dardy Touring Corp (No 2) [2021] NSWSC 74 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 202 Gray v Richards (No 2) (2014) 315 ALR 1; [2014] HCA 47 Liverpool City Council v Estephan Estephan (Executor and Administrator of the Estate of the late Jocelyn Estephan) [2009] NSWCA 161 Luxmore Pty Ltd v Hydedale Pty Ltd (2008) 20 VR 481; [2008] VSCA 212 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Preston v Nikolaidis (No 2) [2021] NSWSC 174 Re Beddoe; Downes v Cottam [1893] 1 Ch 547 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Wollongong Coal Ltd v Gujarat NRE India Pty Ltd (No 2) [2019] NSWCA 173 Wright v Apthorpe [2020] NSWCA 300 Texts Cited: G E Dal Pont, Law of Costs (4th ed, 2018, LexisNexis Butterworths) Category: Costs Parties: Katherine Mary Jordan (First Plaintiff) Rhonda Fay Thomas (Second Plaintiff) Lynette June Goldspring (Third Plaintiff) Peter Michael Goldspring (First Defendant) Mark Andrew Goldspring (Second Defendant) Marianne Evelyn Goodchild (Third Defendant) Goldspring Investments PM Pty Ltd (Fourth Defendant) Goldspring's Australia PM Pty Ltd (Fifth Defendant) Goldspring's Pipelines PM Pty Ltd (Sixth Defendant) Goldspring's Equipment Hire Pty Ltd (Seventh Defendant) Goldspring's Earthmoving & Heavy Haulage Pty Ltd (Eighth Defendant) Representation: Counsel: J S Drummond (Plaintiffs) D A Allen (Defendants)