Sergei Sergienko v AXL Financial Pty Limited (Costs) [2022] NSWSC 178

Supreme Court New South Wales

Medium Neutral Citation: Sergei Sergienko v AXL Financial Pty Limited (Costs) [2022] NSWSC 178 Hearing dates: 11 February 2022 Decision date: 28 February 2022 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: The first, second and third defendants are to pay the plaintiff's costs of the proceedings against them. The fourth and fifth defendants/first and second cross-claimants on the second cross-claim are to pay the plaintiffs costs of the proceedings against them and of the second cross-claim on the ordinary basis except for the plaintiff's costs of the appearances on 7 and 11 February 2022 and the motion filed on 10 February 2022 which are to be paid on the indemnity basis. Catchwords: COSTS – Whether Court should order the successful party to pay the costs of a part of his claim abandoned – HELD – that the Court should not depart from the general rule that Court does not differentiate between issues on which the successful party won and those on which he did not. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246 IWC Industries Pty Ltd v Sergienko [2021] NSWCA 292 Sergei Sergienko v AXL Financial [2021] NSWSC 297 Category: Costs Parties: Sergei Sergienko – Plaintiff IWC Industries Pty Ltd – Fourth Defendant and First Cross-Claimant on the Second Cross-Claim DK Excavation and Concerting Pty Ltd – Fifth Defendant and Second Cross-Claimant on the Second Cross-Claim Representation: Counsel: D Meyerowitz-Katz – Plaintiff D Brezniak – Fourth and Fifth Defendants/Cross-Claimants to the Second Cross-Claim