Liggins & Anor v ParkTrent Properties Group Pty Ltd & Anor (No. 3) [2022] NSWSC 1439

Supreme Court New South Wales

Medium Neutral Citation: Liggins & Anor v ParkTrent Properties Group Pty Ltd & Anor (No. 3) [2022] NSWSC 1439 Hearing dates: Chambers Application Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Equity Before: Slattery J Decision: Order that the first defendant pay the plaintiffs the plaintiffs' costs of the proceedings. Order the plaintiffs pay the second defendant one third of the common costs of the defendants of the proceedings and in addition the plaintiff should pay the second defendant any other costs of the second defendant that are referrable to the conduct of his separate case in the proceedings. Catchwords: COSTS – multiple defendants – plaintiffs bring action for specific performance against the first defendant and for misleading and deceptive conduct against both defendants – first and second defendants represented by the same solicitors and counsel – plaintiffs awarded damages in lieu of specific performance against the first defendant but fail in the claim for misleading and deceptive conduct against both defendants – what order for costs should be made in favour of the plaintiffs against the first defendant – what order for costs should be made in favour of the second defendant against the plaintiffs – consideration of issues where plaintiffs have mixed success against defendants. Legislation Cited: Civil Procedure Act 2005, s 100 Uniform Civil Procedure Rules 2005, rr 7.10(2)(b), 32.34 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No. 2) [2009] NSWCA 304 Currabubula Holdings v State Bank of NSW [2000] NSWSC 232 Faraday v Rappaport & Ors [2007] NSWSC 253 King Network Group Limited v Club of the Clubs Pty Ltd (No. 2) [2009] NSWCA 204 Korner v H. Korner & Co Ltd (1951) Ch 10 Liggins & Anor v ParkTrent Properties Group Pty Ltd & Anor [2020] NSWSC 1113 Liggins & Anor v ParkTrent Properties Group Pty Ltd & Anor (No. 2) [2022] NSWSC 176 Rogers v Kabriel (No. 2) [1999] NSWSC 474 Wardle v Agricultural and Rural Finance Pty Ltd (No. 2) [2012] NSWCA 338 Texts Cited: J P Hamilton, G C Lindsay, M F Morahan, C Webster, NSW Civil Procedure Handbook 2021 (LawBook Co, 2021) Category: Consequential orders Parties: First plaintiff: Geoffrey Liggins Second plaintiff: Xiankun Wu First Defendant: ParkTrent Properties Group Pty Ltd Second Defendant: Ronald Malcolm Cross Representation: Counsel: Plaintiffs: A. Gerard Defendants: R. Glasson