Bowman v Datalec Services Pty Limited & Ichor Constructions Pty Limited [2021] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: Bowman v Datalec Services Pty Limited & Ichor Constructions Pty Limited [2021] NSWSC 1360 Hearing dates: 30 July 2021; 17 August 2021; 27 August 2021; Written submissions 25 August 2021; 27 August 2021; 1 September 2021; 6 September 2021 Date of orders: 3 November 2021 Decision date: 03 November 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to r 36.16(3) of the Uniform Civil Procedure Rules 2005 (NSW) the order made on 30 July 2021 requiring the plaintiff to pay the costs of the first and second defendants is varied as follows. (2) In respect of the costs of the first defendant, Datalec Pty Limited, and the second defendant, Ichor Constructions Pty Limited, of the notices of motion filed by the plaintiff dated 11 June 2021 and 8 July 2021 I order that: (a) those costs are to be paid by the plaintiff, as agreed or assessed; (b) pursuant to r 42.7(2) of the Uniform Civil Procedure Rules 2005 (NSW), those costs are to be paid forthwith; and (c) pursuant to s 99(2)(b)(ii) of the Civil Procedure Act 2005 (NSW), the plaintiff's solicitor, Mr Ranson, is to pay to the plaintiff the whole of those costs. Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brasington v Overton Investments Pty Ltd [2001] FCA 571 Degiorgio v Dunn (No 2) (2005) 62 NSWLR 284; [2005] NSWSC 3 Hamod v New South Wales [2007] NSWSC 707 In the matter of Elsmore Resources Limited [2014] NSWSC 1390 In the matters of Datalec Services Pty Ltd (in liq) and Ichor Constructions Pty Ltd (in liq) [2021] NSWSC 1183 Myers v Elman [1940] AC 282 Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No.2) [2010] FCA 1347 Rafferty v Time 2000 West Pty Ltd (No. 3) [2009] FCA 727; (2009) 257 ALR 503 Re Inchcape (Earl); Craigmyle v Inchcape [1942] Ch 394 Re Punters Show Pty Ltd [2017] NSWSC 605 Ridehalgh v Horsefield [1994] Ch 205 Ritson v Community Publishing Pty Ltd [2012] NSWSC 586 Riv-Oland Marble Co (Vic) Pty Ltd v Settef Spa (1989) 63 ALJR 519 Category: Costs Parties: Craig Bowman – Plaintiff Datalec Services Pty Limited – First Defendant Ichor Constructions Pty Limited – Second Defendant Representation: Counsel: E Welsh – Plaintiff M Nguyen (Solicitor) – First Defendant R O'Connor (Solicitor) – Second Defendant