Frisken in his capacity as liquidator of ACN 610 031 224 (formerly known as Diamond Valley Puppy Sales Pty Ltd (in liq)) v DVK Farming Pty Ltd (formerly known as Diamond Valley Kennels Pty Ltd) [2022] NSWDC 590

District Court New South Wales

Medium Neutral Citation: Frisken in his capacity as liquidator of ACN 610 031 224 (formerly known as Diamond Valley Puppy Sales Pty Ltd (in liq)) v DVK Farming Pty Ltd (formerly known as Diamond Valley Kennels Pty Ltd) [2022] NSWDC 590 Hearing dates: On the papers Date of orders: 28 November 2022 Decision date: 28 November 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 18 Catchwords: COSTS – serial procedural applications – no issue of principle Legislation Cited: Uniform Civil Procedure Rues 2005 (NSW) r 42.1 Cases Cited: Frisken v DVK Farming Pty Ltd [2022] NSWDC 570 Category: Costs Parties: Mr D Frisken in his capacity as liquidator for ACN 610 031 224 Pty Ltd (formerly known as Diamond Valley Puppy Sales Pty Ltd) (plaintiff) DVK FARMING PTY LTD (formerly Diamond Valley Kennels Pty Ltd) (defendant) Representation: Counsel: Mr M Connor for the plaintiff Mr J Rose for the defendant

Solicitors: Oakbridge Lawyers for the plaintiff Sewell & Kettle for the defendant File Number(s): 2022/00011979 Publication restriction: Nil

REASONS FOR Judgment 1. On 21 November 2022 I delivered reasons for judgment on several procedural applications that came before me when sitting as the Civil List Judge on 16 November 2022. Those reasons have been published on Caselaw (Frisken v DVK Farming Pty Ltd [2022] NSWDC 570). 2. At paragraph 67 of those earlier reasons, I summarised the results of those applications. These stated that the Court: 1. dismissed the application for dismissal for want of due despatch; 2. granted leave to join the company as a second plaintiff; 3. granted leave to the plaintiff to amend the statement of claim as proposed; 4. dismissed the application for transfer of the proceeding to the Supreme Court; and 5. in circumstances where joinder has been allowed, the defendant's strike out application in relation to the original statement of claim, is otiose. 1. Opportunity was given to the parties to supply short written submissions on the question of costs of those applications. Such written submissions were received by Counsel the plaintiff (23 November 2022) and Counsel for the defendant (28 November 2022). 2. These reasons assume the reader's familiarity with my earlier reasons on 21 November 2022.