Total Special Projects Pty Ltd v Peter Kanak (No 2) [2021] NSWSC 1261

Supreme Court New South Wales

Medium Neutral Citation: Total Special Projects Pty Ltd v Peter Kanak (No 2) [2021] NSWSC 1261 Hearing dates: 14 September 2021 Date of orders: 5 October 2021 Decision date: 05 October 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The court orders: (1) Each party is to pay its own costs including the costs of the written submissions. Catchwords: COSTS – No point of principle Legislation Cited: Competition and Consumer Act 2010 (Cth), sch 2 s 18 Uniform Civil Procedure Rules 2005 (NSW), rr 4.15, 13.4, 14.28, 42.1 Cases Cited: Carter v Greenwoods & Freehills Pty Limited [2014] NSWSC 917 Denian Enterprises v Northern Beaches [2021] NSWSC 109 Re Minister for Immigration and Ethnic Affairs (Cth); Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 at 624 Category: Costs Parties: Total Special Projects Pty Ltd (Plaintiff) Peter Kanak (also known as Petr Kanak) as Trustee of the Rhino Commercial Stripouts trust (First defendant) Rhino Commercial Stripouts Pty Limited as trustee of the Rhino Commercial Stripouts Trust (Second defendant) Representation: Counsel: T Marskell (Plaintiff) H K Insall SC (Second defendant)

Solicitors: B Henningham, Wotton + Kearney (Plaintiff) R Hugh, Hugh & Associates Lawyers (First and Second defendants) File Number(s): 2020/336559 Publication restriction: Nil

Judgment 1. HER HONOUR: This judgment concerns costs. On 14 September 2021, at the hearing for the notice of motion filed 12 May 2021 ("NOM"), I granted leave to the plaintiff to file a further amended statement of claim ("FASC") within 14 days (28 September 2021). 2. I also ordered that the plaintiff was to pay the second defendant's costs thrown away by the amendments to the statement of claim. As to costs of the defendant's NOM, the plaintiff was to file and serve any written submissions on the issue of costs of the motion within 7 days (21 September 2021) with the second defendant to do the same within 14 days (28 September 2021). I have now received those submissions.