Horn v GA & RG Horn Pty Ltd (No 2) [2022] NSWSC 1747

Supreme Court New South Wales

Medium Neutral Citation: Horn v GA & RG Horn Pty Ltd (No 2) [2022] NSWSC 1747 Hearing dates: 5 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Equity Before: Meek J Decision: Orders made to give effect to estoppel findings and costs orders made Catchwords: ORDERS — Discussion regarding orders to give effect to findings in respect of successful estoppel claim COSTS — Meaning of event — Discussion regarding whether claims of husband and wife plaintiffs were substantively different claims such that a discrete costs order should be made in respect of a claim dismissed that that the wife was entitled to the benefit of a particular representation – Discussion regarding whether the company the subject of the estoppel the claimed shares and claimed property was an active defendant or whether the widow of the deceased who was under the deceased's last Will gifted the deceased's shareholding in the company was the main active defendant COSTS — Offers of compromise — Whether offer valid — Meaning of must not include an amount for costs in r 20.26(2)(c) UCPR COSTS — Offers of compromise – Approach to assessment of whether judgment outcome is "no less favourable" than offer in r 42.14(1) UCPR — Court approaches issue substantively COSTS — Claims for indemnity costs — Reasons to order otherwise — Consideration of various contentions regarding plaintiffs' conduct of proceedings COSTS — Set off — Whether costs in proceedings should be set off Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Rules 1970 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd (subject to deed of company arrangement) (deed administrators appointed) & Ors [2011] NSWSC 1425 Black-Tie Holdings Pty Ltd (No 2) [2022] NSWSC 856 Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 Cretazzo v Lombardi (1975) 13 SASR 4 D Capital 2 Pty Ltd v Western (No 2) [2022] NSWSC 1283 Diamond v Simpson (No 4) [2004] NSWCA 57 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Horn v GA & RG Horn Pty Ltd [2022] NSWSC 1519 Hughes v Western Australian Cricket Association (Inc) & Ors (1986) ATPR 40–748 Jojeni Investments Pty Ltd v Mosman Municipal Council (No 2) [2015] NSWCA 208 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391; 18 ANZ Insurance Cases 62-049 Lewis v Cummings (Federal Court of Australia, Wilcox J 29 May 1992, unrep) Magenta Nominees Pty Ltd v Richard Ellis (WA) Pty Ltd (Full Court of the Federal Court of Australia, 29 August 1995, unrep) Meares v Meares (No 2) [2017] NSWSC 523 New South Wales Insurance Ministerial Corporation v Reeve (1993) 42 NSWLR 100 Ryan v South Sydney Junior Rugby League Club Ltd [1975] 2 NSWLR 660 Skalkos v Assaf (No 2) [2002] NSWCA 236 Wentworth v Wentworth [1996] NSWCA 553 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Windsurfing International Link v Petit [1987] AIPC 90–441 Ye v Chen [2022] NSWSC 494 Texts Cited: Richie's Uniform Civil Procedure NSW (LexisNexis Butterworths) Category: Consequential orders Parties: Michael George Horn (First Plaintiff) Adele Ruth Horn (Second Plaintiff) GA & RG Horn Pty Ltd (First Defendant) Barbara Constance Horn (Second Defendant) Representation: Counsel: C Mantziaris (Plaintiffs) N Simpson (Defendants)