Business Finance Pty Ltd (Receivers & Managers Appointed) v Casula Projects Pty Ltd [2021] NSWSC 674

Supreme Court New South Wales

Medium Neutral Citation: Business Finance Pty Ltd (Receivers & Managers Appointed) v Casula Projects Pty Ltd [2021] NSWSC 674 Hearing dates: On the papers Date of orders: 10 June 2021 Decision date: 10 June 2021 Jurisdiction: Equity Before: Darke J Decision: No order made for costs of the Notice of Motion, to the intent that each party bear its own costs of the motion, including the present costs application. Catchwords: COSTS – plaintiffs filed a Notice of Motion to amend their Statement of Claim – defendant initially opposed the motion but eventually consented to the amendments – leave granted to file Amended Statement of Claim – plaintiffs seek their costs of the motion – merits of the motion not determined – parties did not act unreasonably in the litigation – defendant's change of position not merely a belated surrender or capitulation – appropriate to make no order as to costs Cases Cited: Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia, Re; Ex parte Lai Qin (1997) 186 CLR 622 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Category: Principal judgment Parties: Business Finance Pty Ltd (Receivers and Managers Appointed) (First Plaintiff) Marcus William Ayres & Adam Paul Nikitins in their capacity as receivers and managers of Business Finance Pty Ltd (Second Plaintiff) Casula Projects Pty Ltd (Defendant) Representation: Counsel: Mr S Ipp (Plaintiffs) Mr D Barlin (Defendant)

Solicitors: Corrs Chambers Westgarth (Plaintiffs) Pointon Partners (Defendant) File Number(s): 2021/60376 Publication restriction: None