NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Markham Real Estate Partners (KSW) Pty Limited v Misan (No 2) [2022] NSWSC 809 Hearing dates: On the papers Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Equity Before: Henry J Decision: (1) Judgment for the plaintiff in the amount of $4,102,570.33. (2) Pursuant to the guarantee and indemnity provisions of the Sub-Lease, the defendant to indemnify the plaintiff by paying its legal costs incurred up to and including 27 July 2021 in the amount of $100,085.08 (excluding GST). (3) The defendant to pay the plaintiff's costs of these proceedings from 28 July 2021 on an indemnity basis. Catchwords: COSTS – guarantee and indemnity under a sub-lease - where plaintiff seeks order to recover all legal costs pursuant to guarantee and indemnity under sub-lease in a specified amount – where legal costs incurred up to 27 July 2021 quantified at hearing – whether plaintiff's later costs of proceedings should be ordered on a fixed sum or indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Abigroup Limited v Sandtara Pty Limited [2002] NSWCA 45 Ristic v Greater Building Society Ltd [2002] NSWCA 266 Category: Costs Parties: Markham Real Estate Partners (KSW) Pty Limited (Plaintiff) Paul Misan (Defendant) Representation: Counsel: E Hyde (Plaintiff)
Solicitors: Holding Redlich (Plaintiff) File Number(s): 2019/197872 Publication restriction: Nil
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