Nguyen v Sage Consultant Group Pty Ltd; Dang v Nguyens (No 2) [2021] NSWSC 978

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Sage Consultant Group Pty Ltd; Dang v Nguyens (No 2) [2021] NSWSC 978 Hearing dates: On the papers Decision date: 05 August 2021 Jurisdiction: Equity Before: Robb J Decision: See pars [23]-[25], [37], [38], [40], [42], [43], [45], [48] and [51]. The parties are required to consider these further reasons and to submit draft short minutes of order per [48]. Catchwords: CIVIL PROCEDURE — Pleadings — Matter arising after commencement of proceedings — Where the primary proceedings have been heard and determined — Where in the course of determining the primary proceedings the Court made findings on the evidence before it to the effect that the plaintiff may have a right of subrogation — Where the plaintiff now contends that the Court should make orders giving effect to that right of subrogation — Where that was not relief sought by the plaintiff in her summons or statement of claim — Where an interested defendant may not have been given notice with respect to the subrogation claim — Where the Court held that the plaintiff must amend her statement of claim, serve it on the interested defendant and give him an opportunity to inform the Court whether he wishes to defend the claim COSTS — Party/Party — Costs orders in interlocutory proceedings — Where the plaintiffs filed three notices of motion and the defendant filed one notice of motion — Where the plaintiffs submitted that all four motions should be dismissed but that the defendant pay the plaintiffs' costs of the motions on the indemnity basis — Where the defendant submitted that two of the plaintiffs' motions should be dismissed and did not deal with the third — Where the Court dismissed the plaintiffs' motions — Where the Court held that the plaintiffs should pay the defendant's costs of one motion on the indemnity basis because that motion was entirely misconceived and the costs of another motion on the ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW) Real Property Act 1900 (NSW) Cases Cited: Nguyen v Sage Consultant Group Pty Ltd; Dang v Nguyen [2021] NSWSC 753 Category: Consequential orders Parties: 2017 / 60096