Andrew Wheeler trading as PricewaterhouseCoopers v Aoyin Group Ltd (No 2) [2021] NSWSC 1115

Supreme Court New South Wales

Medium Neutral Citation: Andrew Wheeler trading as PricewaterhouseCoopers v Aoyin Group Ltd (No 2) [2021] NSWSC 1115 Hearing dates: 11 August 2021, 3 September 2021 Date of orders: 3 September 2021 Decision date: 08 September 2021 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Cross-claimant to pay the cross-defendant's costs thrown away by vacation of trial. Catchwords: COSTS – 8-day trial vacated – each party seeks orders for costs thrown away – principles at [3]-[7] – leave granted to amend defence at beginning of trial – cross-claimant then sought to join another cross-defendant – cross-claimant had previously decided to keep proceedings against cross-defendants separate – vacation caused by cross-claimant's decision to join rather than amendment – cross-claimant to pay costs thrown away. Legislation Cited: Civil Liability Act 2002 (NSW) ss 34, 37 Competition and Consumer Act 2010 (Cth) Cases Cited: Andrew Wheeler & Ors t/a PricewaterhouseCoopers v Aoyin Group Limited [2021] NSWSC 363 Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404; (2014) 206 LGERA 40 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2001) 187 FCR 261; [2010] FCAFC 101 Fletcher International Exports Pty Ltd v Barrow [2007] NSWCA 244 Harith v Beale [2003] QSC 411 Lydall v Martinson (1877) 5 Ch D 780 Prime Capital Securities Pty Ltd v Calleja [2017] NSWSC 116 The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 Williams v Sandy (1887) 13 VLR 368 Texts Cited: Gino Dal Pont, Law of Costs (4th ed, 2018, LexisNexis) Category: Costs Parties: Andrew Wheeler & Others t/as PricewaterhouseCoopers (Plaintiffs) Aoyin Group Limited (Defendant) Representation: Counsel: S Nixon SC / E Bathurst (Plaintiffs) RA Dick SC / P Meagher (Defendant)