Sapra Enterprises Pty Ltd v Cooper (No 2) [2021] NSWSC 457

Supreme Court New South Wales

Medium Neutral Citation: Sapra Enterprises Pty Ltd v Cooper (No 2) [2021] NSWSC 457 Hearing dates: In Chambers Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Equity Before: Robb J Decision: See par [56] Catchwords: COSTS — Basis of quantification — Where judgment concluded that plaintiff is entitled to be paid its costs of the proceedings by the defendants — Where the plaintiff sought an order that its costs be paid on the indemnity basis following service of a Calderbank offer — Where alternatively the plaintiff claimed that the defences were unreasonably pursued — Where the unreasonable defences were only raised after the service of the Calderbank offer — Where the defendants ought reasonably to have accepted the Calderbank offer — Defendants ordered to pay the plaintiff's costs on the ordinary basis to the date of the Calderbank offer and on the indemnity basis thereafter CIVIL PROCEDURE— Where monies were paid into court by the third defendant — Where those monies were the subject of a claim by the plaintiff under s 37A of the Conveyancing Act 1919 (NSW) — Where the third defendant disclaimed any interest in the monies —Whether the Court should order payment of those monies to the plaintiff under UCPR r 41.3 — Where the Court recognised the monies as being in effect the property of the first defendant prior to being paid into court — Where the Court determined that the monies are available to meet the judgment against the first defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 In the matter of Dyamond Developments Pty Ltd (in liquidation) [2020] NSWSC 591 Sapra Enterprises Pty Ltd v Cooper [2021] NSWSC 58 Category: Costs Parties: Sapra Enterprises Pty Ltd (plaintiff) John Allan Cooper (first defendant) Central Home Loans Pty Ltd (second defendant) Representation: Counsel: G Waugh SC; M Rabsch (plaintiff) Self-represented (first and second defendants)