Burwood Council v Visy Paper Pty Ltd atf Southern Paper Converters Trust (No 2) [2021] NSWSC 1035

Supreme Court New South Wales

Medium Neutral Citation: Burwood Council v Visy Paper Pty Ltd atf Southern Paper Converters Trust (No 2) [2021] NSWSC 1035 Hearing dates: On the papers Date of orders: 17 August 2021 Decision date: 17 August 2021 Jurisdiction: Equity Before: Henry J Decision: Defendant to pay the Plaintiff's costs of the Defendant's Notice of Motion. Catchwords: COSTS – party/party – costs orders in interlocutory proceedings – where plaintiff seeks costs of defendant's application to amend defence – where application granted and hearing dates vacated – where not unreasonable for plaintiff to have opposed application – costs of application ordered against defendant Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56–60, 98(1) Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.7 Cases Cited: Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 619 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 GAIN Capital UK Ltd v Citigroup Inc (No 3) [2016] FCA 582 Stanley v Layne Christensen Company [2006] WASCA 56 The Presbyterian Church (NSW) Property Trust v Scots Church Development Ltd (No 2) [2007] NSWSC 797 Wang v ABC Homes (NSW) Pty Ltd (No 2) [2018] NSWSC 1736 Texts Cited: Nil Category: Costs Parties: Burwood Council (Plaintiff) Visy Paper Pty Ltd (ACN 005 803 234) as Trustee for the Southern Paper Converters Trust (ABN 49 984 541 896) (Defendant) Representation: Counsel: T Alexis SC with R Notley (Plaintiff) N Bender (Defendant)