Integrated Securities No 3 Pty Ltd v Creatrix Web Development & Online Marketing Solutions Pty Ltd (Costs) [2021] NSWSC 770

Supreme Court New South Wales

Medium Neutral Citation: Integrated Securities No 3 Pty Ltd v Creatrix Web Development & Online Marketing Solutions Pty Ltd (Costs) [2021] NSWSC 770 Hearing dates: On the papers Date of orders: 23 June 2021 Decision date: 23 June 2021 Jurisdiction: Equity - Real Property List Before: Rein J Decision: See [31]-[32] Catchwords: COSTS — Party/Party — Court's discretion — Plaintiff and Cross-Claimants both successful — By the hearing, the Defendants/Cross-Claimants had accepted liability for the principal amounts loaned by the Plaintiff and interest at the rates prescribed by s 100 of the Civil Procedure Act 2005 (NSW) — The hearing was largely concerned with the issues raised by the Cross-Claim — Consideration of the "real fight" in the case — Held: Costs incurred by the parties up to the hearing and costs of the hearing distinguished — The Defendants to pay the Plaintiff's costs of the former, whereas the Plaintiff to pay 80% of the Defendants/Cross-Claimants' costs of the latter Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Commonwealth of Australia v Gretton [2008] NSWCA 117 Edwards v Stocks [2009] TASSC 11 Gladstone Park Shopping Centre v Wills (1984) 6 FCR 496 Gray v Richards (No 2) [2014] HCA 47; (2014) 89 ALJR 113 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Integrated Securities No 3 Pty Ltd v Creatrix Web Development & Online Marketing Solutions Pty Ltd [2021] NSWSC 596 Interwest Ltd v Tricontinental Corp Ltd (1991) 5 ACSR 621 James v Surf Road Nominees (No 2) [2005] NSWCA 296 Leichhardt Municipal Council v Green [2004] NSWCA 341 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Richard Walkom Linehans Real Estate Pty Ltd t/as Walkom Linehans First National Real Estate v Dhasmana [2009] NSWCA 241 Tzaneros Investments Pty Limited v Walker Group Constructions Pty Limited [No. 3] [2016] NSWSC 526 Texts Cited: Nil Category: Principal judgment Parties: Integrated Securities No 3 Pty Ltd (Plaintiff/First Cross-Defendant) Creatrix Web Development & Online Marketing Solutions Pty Ltd (First Defendant/First Cross-Claimant) Milijana Pejkic (Second Defendant/Second Cross-Defendant) Cai Valerio (Third Defendant/Third Cross-Claimant) Westpac Banking Corporation (Fourth Defendant) David James Cacciola (Second Cross-Defendant) Representation: Counsel: W Muddle SC and A Djurdjevic (Plaintiff//Cross-Defendants) P Horobin (First-Third Defendants/Cross-Claimants)