Vella v Nergl Developments Pty Ltd & Ors (No. 2) [2021] NSWSC 648

Supreme Court New South Wales

Medium Neutral Citation: Vella v Nergl Developments Pty Ltd & Ors (No. 2) [2021] NSWSC 648 Hearing dates: 11 May 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Equity Before: Slattery J Decision: The first and fourth defendants are ordered to pay 80% of the plaintiff's costs of the proceedings up to 30 October 2019. The first defendant is ordered to pay 80% of the plaintiff's costs of the proceedings from 30 October 2019 but excluding the determination of issues of costs. The plaintiff is ordered to pay 60% of the common costs of the first and fourth defendants upon the determination of issues of costs. Catchwords: COSTS – whether costs follow the event – whether the plaintiff was successful in the proceedings against the first defendant – whether the Court ought to make a costs order against the fourth defendant who filed a submitting appearance shortly before the commencement of the hearing – whether the fourth defendant took an active part in the proceedings. Legislation Cited: Civil Procedure Act 2005, ss 98, 98(1)(b) Uniform Civil Procedure Rules 2005, rr 6.11(2), 42.1 Real Property Act 1900, s 74MA Cases Cited: Arena Management Pty Ltd (admin appted) (rec and mgr appted) v Campbell Street Theatre Pty Ltd (2011) 80 NSWLR 652 Highland v Labragg (No 3) [2006] NSWSC 871 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) [2014] NSWCA 317 King Network Group Pty Ltd v Club of the Club's Pty Ltd (No 2) [2009] NSWCA 204 Knight v FP Special Assets Limited (1992) 174 CLR 178 Sahab Holdings Pty Ltd v Registrar-General and Anor (2009) 75 NSWLR 629 State of Victoria v Sportsbet Pty Ltd (No. 2) [2012] FCAFC 174 Traderight (NSW) Pty Ltd v Bank of Queensland Limited [2014] NSWSC 733 Vella v Nergl Developments Pty Ltd & Ors [2020] NSWSC 1405 Category: Costs Parties: Plaintiff: Vicki Vella First Defendant/Cross-Claimant: Nergl Developments Pty Limited ACN 008 645 734 Second Defendant: Peter Vella Fourth Defendant/Cross-Claimant: Kindelon Pty Ltd Representation: Counsel: Plaintiff: J Sexton SC, D Neggo First and Fourth Defendant/Cross-Claimants: D. Miller SC, P. R. Gaffney