Franpina Developments Pty Ltd v John Anthony Arena Pty Ltd [2022] NSWSC 57

Supreme Court New South Wales

Medium Neutral Citation: Franpina Developments Pty Ltd v John Anthony Arena Pty Ltd [2022] NSWSC 57 Hearing dates: On the papers Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Equity Before: Darke J Decision: Order made for first and second defendants to pay the costs of the plaintiff and the third defendant/cross-claimant on the ordinary basis Catchwords: COSTS – proceedings concerning validity and enforceability of a Deed – where proceedings concluded by consent orders – no hearing on the merits – consent order provided for Deed to be set aside – whether first and second defendants capitulated or surrendered to claims of plaintiff and cross-claimant – whether costs should be awarded on an ordinary or indemnity basis Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 FCA US LLC v Mahindra Automotive Australia Pty Ltd [2021] FCA 1091 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Category: Costs Parties: Franpina Developments Pty Ltd (Plaintiff) John Anthony Arena Pty Ltd (First Defendant/First Cross-Defendant) John Anthony Arena (Second Defendant/Second Cross-Defendant) Giuseppa Arena (Third Defendant/Cross-Claimant) George Anthony Arena (Fourth Defendant) Margherita Stella Romana Murdocca (Fifth Defendant) Josephine De Giorgio (Sixth Defendant) Maria Di Sano (Seventh Defendant) Rose Marie Caristo (Eighth Defendant) Representation: Solicitors: Hamilton Locke (Plaintiff) DC Balog & Associates (First and Second Defendants/First and Second Cross-Defendants) Bridges Lawyers (Third Defendant/Cross-Claimant) File Number(s): 2020/00364465 Publication restriction: None