In the matter of Natural Raw C Pty Ltd (No 3) [2022] NSWSC 1443

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Natural Raw C Pty Ltd (No 3) [2022] NSWSC 1443 Hearing dates: On the papers Decision date: 24 October 2022 Jurisdiction: Equity Before: Peden J Decision: (1) No order as to costs of the proceedings up to and including 6 March 2022. (2) Plaintiff to pay the Second Defendant's costs on an ordinary basis from 7 March 2022 to 15 September 2022 and on an indemnity basis from 15 September to 30 September 2022. (3) No order as to costs of the parties' applications for special costs orders. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Calderbank offer — Whether there is an "event" if hearing to determine price of shares is the result of a compromise of substantive proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) ss 3, 56 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Abdi v Abdi (No 2) [2022] NSWSC 582 Calderbank v Calderbank (1975) 3 All ER 333 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 210 In the matter of Natural Raw C Pty Ltd [2021] NSWSC 1659 In the matter of Natural Raw C Pty Ltd (No 2) [2022] NSWSC 1334 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Windsurfing International Inc v Petit [1987] AIPC 90-441 Category: Costs Parties: Greemblue Pty Ltd (Plaintiff) Natural Raw C Pty Ltd (First Defendant) Scott Mendelsohn (Second Defendant) Representation: Counsel: J Pokoney (Plaintiff) No appearance (First Defendant) D R Stack and D F Elliott (Second Defendant)