Rosenbaum v Baidarman (No 3) [2022] NSWSC 775

Supreme Court New South Wales

Medium Neutral Citation: Rosenbaum v Baidarman (No 3) [2022] NSWSC 775 Hearing dates: On the papers Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Equity Before: Williams J Decision: See paragraph [22] Catchwords: COSTS – winding up of partnership – where no partnership assets – where partners are equally responsible for the failure to keep proper accounts and records during the partnership – where defendant ought to be entitled to costs in respect of plaintiff's abandoned claim – mixed outcome of proceedings – where referee appointed pursuant to r 20.14 of the Uniform Civil Procedure Rules 2005 (NSW) to take account of the partnership – adoption of referee's report – where inconsistency in court orders as to whether a certain item should be allowed – where referee's report proposed two scenarios, one in which the item was allowed and one in which the item was disallowed – question of which scenario in report should be adopted – no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.14, 20.24, 36.17, 36.4 Cases Cited: Rosenbaum v Baidarman (No. 2) [2021] NSWSC 574 Category: Costs Parties: Eduard Rosenbaum (First Plaintiff / First Cross-defendant) Ironwell Pty Ltd (Second Plaintiff / Second Cross-defendant) Alla Rosenbaum (Third Cross-defendant) Tanya Rosenbaum (Fourth Cross-defendant) Jacob Baidarman (Defendant / Cross-claimant) Ella Baidarman (Fifth Cross-defendant) Dabjade Pty Ltd (Sixth Cross-defendant) Excelsea Pty Ltd (Seventh Cross-defendant) Representation: Counsel: P Wiggins (Plaintiffs / First to Fourth Cross-defendants) D Smallbone (Defendant / Cross-claimant)