Garawin Pty Ltd v 1A Eden Pty Ltd (No. 2) [2022] NSWSC 1417

Supreme Court New South Wales

Medium Neutral Citation: Garawin Pty Ltd v 1A Eden Pty Ltd (No. 2) [2022] NSWSC 1417 Hearing dates: Application in Chambers Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Equity Before: Slattery J Decision: Defendants ordered to pay 50% of the plaintiff's costs of the proceedings up to the date of the Court's first judgment on 25 March 2022. Catchwords: COSTS – costs follow the event – plaintiff successful in action to remove caveats from properties involved in a joint venture development – other consequential relief and case management dealt with in hearing and judgment – whether there was a mixed result – whether the plaintiff should have an order for the whole of its costs against the defendants – whether the defendants should have an order for costs against the plaintiff. Cases Cited: Garawin Pty Ltd v 1A Eden Pty Ltd [2022] NSWSC 333 Bostik Australia Pty Ltd v Liddiard (No. 2) [2009] NSWCA 304 Category: Costs Parties: Plaintiff: Garawin Pty Limited ACN 074380715 First Defendant: 1A Eden Pty Ltd ACN 162152794 Second Defendant: Zaarour Investments Pty Ltd Third Defendant: Joesandra Pty Limited atf The Sleiman Family Trust ACN 130 126 206 Fourth Defendant: Christopher Robert Zaarour Representation: Counsel: Plaintiff: D. Weinberger Second, Third and Fourth Defendants: A. Davis

Solicitors: Plaintiff: Ourania Konstantinidis, Dentons Second, Third and Fourth Defendants: Stephen Lewis Hedges, Walker Hedges Forestville File Number(s): 2019/00350729 Publication restriction: No