First Mortgage Capital Pty Ltd v Westpac Banking Corporation Ltd (No 2) [2022] NSWSC 264

Supreme Court New South Wales

Medium Neutral Citation: First Mortgage Capital Pty Ltd v Westpac Banking Corporation Ltd (No 2) [2022] NSWSC 264 Hearing dates: On the papers Date of orders: 14 March 2022 Decision date: 14 March 2022 Jurisdiction: Equity Before: Darke J Decision: Orders that there be no order as to costs, to the intent that each party bear its own costs of the proceedings. Catchwords: COSTS – application by plaintiff for costs against first defendant and cross-claimants – where first defendant filed submitting appearance – where there was no clearly successful party as between plaintiff and cross-claimants – no point of principle Cases Cited: First Mortgage Capital Pty Ltd v Westpac Banking Corporation Ltd [2021] NSWSC 1143 Category: Costs Parties: First Mortgage Capital Pty Ltd (Plaintiff/First Cross-Defendant) Westpac Banking Corporation Ltd (First Defendant/Second Cross-Defendant) Zufaidah Binte Juri (Second Defendant/First Cross-Claimant) Sheik Taleb Bin Sheik Husain (Third Defendant/Second Cross-Claimant) Jude Thaddeus Albert (Fourth Defendant) Commonwealth Bank of Australia Ltd (Third Cross-Defendant) Representation: Solicitors: Summer Lawyers (Plaintiff/First Cross-Defendant) HWL Ebsworth Lawyers (First Defendant/Second Cross-Defendant) Diamonds Solicitors (Second and Third Defendants/Cross-Claimants) Dentons (Third Cross-Defendant) File Number(s): 2020/304426 Publication restriction: None