Salmon v Albarran (No 4) [2022] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: Salmon v Albarran (No 4) [2022] NSWSC 114 Hearing dates: On the papers; final submissions lodged 14 December 2021 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Equity Before: Parker J Decision: See [48]-[49] Catchwords: COSTS – interlocutory costs – amendment of statement of claim – abandonment of causes of action – costs thrown away – order for payment of fixed sum on account Cases Cited: Edelman v Badower [2010] VSC 427 The Owners of Strata Plan 93543 v Zhang (No 2) [2021] NSWSC 360 West Point Finance Pty Ltd v Chocolate Factory Apartments Ltd [2002] NSWCA 287 Zilliotto v Hakim (No 2) [2012] NSWSC 1079 Texts Cited: Dal Pont, G E, Law of Costs (4th ed, 2018, LexisNexis Butterworths) Quick, R and Mountford, J, Quick on Costs (Thomson Reuters) Category: Costs Parties: Motion filed 19 April 2021 Steven Brown (Applicant/Third Defendant) Owen Salmon (First Respondent/First Plaintiff) TCBS Group Holdings Pty Limited (Second Respondent/Second Plaintiff)

Motion filed 20 April 2021 Richard Albarran (First Applicant/First Defendant) Geoffrey David McDonald (Second Applicant/Second Defendant) Robert William Joseph Elliott (Third Applicant/Fourth Defendant) Drew Anthony Townsend (Fourth Applicant/Fifth Defendant) David Kenney (Fifth Applicant/Sixth Defendant) Luigino Malacco (Sixth Applicant/Seventh Defendant) Paul Andrew Leroy (Seventh Applicant/Eighth Defendant) Owen Salmon (First Respondent/First Plaintiff) TCBS Group Holdings Pty Limited (Second Respondent/Second Plaintiff) Representation: Motion filed 19 April 2021 Counsel: DA Lloyd (Applicant/Third Defendant) M Evans (First and Second Respondent/First and Second Plaintiff)