Dymocks Franchise Systems (NSW) Pty Ltd v Chapter Three Pty Ltd [2022] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Dymocks Franchise Systems (NSW) Pty Ltd v Chapter Three Pty Ltd [2022] NSWSC 35 Hearing dates: On the papers; submissions received 7 and 24 December 2021 and 4 February 2022 Decision date: 10 February 2022 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order that the defendants pay the plaintiff's costs of these proceedings: (1) as to the first and second defendants, on an indemnity basis; and (2) as to the third defendant, on the ordinary basis. Catchwords: COSTS – court's discretion as to costs – rule as to costs where merits of proceeding not heard – where contractual entitlement to indemnity costs – where proceedings precipitated by unreasonable conduct of defendants – where plaintiff in substance succeeded – entitlement to indemnity costs Cases Cited: Gomba Holdings (UK) Ltd v Minories Finance Limited (No 2) [1993] Ch 171 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Dymocks Franchise Systems (NSW) Pty Limited (Plaintiff) Chapter Three Pty Limited (First Defendant) Meenakshi Kapuria (Second Defendant) Prosper Global Pty Ltd (Third Defendant) Representation: Counsel: J A C Potts SC with A R Langshaw (Plaintiff) A Cheshire SC (Defendants)