Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336

Supreme Court New South Wales

Medium Neutral Citation: Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Hearing dates: 10, 26 February 2021 Date of orders: 10 February, 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [70]-[71] Catchwords: INTEREST – successful plaintiff claims additional interest at "contractual rate" before accrual of cause of action – no contractual entitlement – claim not pleaded – claim refused COSTS – party/party – plaintiff successfully sues two defendants – first defendant unsuccessfully cross-claims back against plaintiff – issues overlap between action and cross-action and between plaintiff's claims against defendants – allocation of costs between action and cross-action – allocation of costs of action between plaintiff's claims against first defendant and plaintiff's claims against second defendant – plaintiff entitled against second defendant to all costs except those solely referable to costs of claims against first defendant alone and of first defendant's cross-claim – no reduction on account of plaintiff's failure on specific issues arising on claims against first and second defendant but not affecting outcome of those claims – indemnity costs refused Legislation Cited: Civil Liability Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Dimos v Willetts (2000) 2 VR 170 French v Bremner [2020] NSWCA 339 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Mahenthirasa v State Rail Authority of NSW (No 2) (2008) 72 NSWLR 273 Medway Oil & Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Rushcutters Bay Smash Repairs v H McKenna Netmakers Pty Ltd [2003] NSWSC 670 Smith v Madden (1946) 73 CLR 129 Southern Oil Refining Pty Ltd v Hydrodec Pty Ltd [2021] NSWSC 24 Tsu v Nemeth [2012] NSWCA 29 Waters v P C Henderson (Aust) Pty Ltd [1994] NSWCA 338 Category: Costs Parties: Southern Oil Refining Pty Ltd (Plaintiff) Hydrodec Australia Pty Ltd (First Defendant) Hydrodec Group Plc, UK Company Number 05188355 (Second Defendant) Greenbottle Re-Refining (UK) Limited, UK Company number 09237640 (Third Defendant)