123 259 932 Pty Ltd v Cessnock City Council (No 3) [2021] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: 123 259 932 Pty Ltd v Cessnock City Council (No 3) [2021] NSWSC 1452 Hearing dates: On the papers Decision date: 10 November 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order that each party bear its own costs of the proceedings up to and including 1 September 2021. (2) Order the plaintiff to pay the defendant's costs of the proceedings on an indemnity basis thereafter. (3) Grant liberty to apply on the question of release of the amount held by way of security for costs. (4) List the matter for mention before me on 18 November 2021 in order that the question of release of security for costs can be determined. Catchwords: COSTS — Party/Party — applications for costs orders — plaintiff obtained judgment for nominal damages only following a finding that defendant breached contract — parties bear their own costs up to 1 September 2021 and plaintiff to pay defendant's costs on an indemnity basis thereafter COSTS — Security for costs — whether money paid by way of security for costs ought be released — in the absence of evidence to establish quantum of defendant's costs on an indemnity basis from 2 September 2021 it is not yet appropriate to order the release Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.15 Cases Cited: 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2021] NSWSC 1329 Calderbank v Calderbank [1975] 3 All ER 333 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 Category: Costs Parties: 123 259 932 Pty Ltd (Plaintiff) Cessnock City Council (Defendant) Representation: Counsel: D Williams SC / B Kaplan (Plaintiff) D Cook SC / G Ng (Defendant)