Masters in Building Training Pty Ltd v State of New South Wales (No 2) [2022] NSWSC 697

Supreme Court New South Wales

Medium Neutral Citation: Masters in Building Training Pty Ltd v State of New South Wales (No 2) [2022] NSWSC 697 Hearing dates: On the papers Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Vary: (i) the order made by Kunc J on 17 May 2021 that the costs of the interlocutory hearing on 31 March 2021 be the plaintiff's costs in the cause; and (ii) Order 4 of the orders made by Parker J on 22 June 2021 that the costs of the plaintiff's notice of motion filed 28 May 2021 be the plaintiff's costs in the cause by replacing those orders with Order 2 below. 2. Order that MIBT pay the Department's costs of the interlocutory hearings before Kunc J and Parker J (other than as already the subject of costs orders in the Department's favour) on the party/party basis. 3. Other than as ordered by Order 2 above, order that the Department pay MIBT's costs of the statement of claim in this proceeding on the party/party basis. 4. Order that the Department pay 60% of MIBT's costs of the Department's cross-claim and that MIBT pay 40% of the Department's costs of the Department's cross-claim, each on the party/party basis; such costs to be set off against each other (with the balance to be payable to the party in whose favour the set-off results). Catchwords: COSTS — Apportionment of costs on an issue-by-issue basis Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: Bassett v Cameron (No 2) [2021] NSWSC 419 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Cretazzo v Lombardi (1975) 13 SASR 4 Eastlings Pty Ltd v Calidu Import Export Pty Ltd (No 3) [2021] NSWSC 466 In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) (No 2) [2021] NSWSC 1161 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Masters in Building Training Pty Ltd v State of New South Wales (No 2) [2021] NSWSC 747 Masters in Building Training Pty Ltd v State of New South Wales [2021] NSWSC 454 Masters in Building Training Pty Ltd v State of New South Wales [2022] NSWSC 499 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 2) [2019] NSWCA 19 Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 State of New South Wales v Stanley [2007] NSWCA 330 Waters v P C Henderson (Australia) Pty Ltd (1994) 254 ALR 328; [1994] NSWCA 338 Category: Costs Parties: Masters in Building Training Pty Ltd (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: D Lloyd SC, CP O'Neill and K Beattie (Plaintiff) N Simpson (Defendant)