Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 4) [2023] NSWSC 380

Supreme Court New South Wales

Medium Neutral Citation: Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 4) [2023] NSWSC 380 Hearing dates: 5 April 2023 Date of orders: 17 April 2023 Decision date: 17 April 2023 Jurisdiction: Equity - Commercial List Before: Williams J Decision: See paragraph [45] Catchwords: COSTS – seven day hearing – judgments entered in favour of plaintiff against multiple defendants for compensatory damages for trespass to land representing a very small fraction of the amount of compensation claimed by the plaintiff – exemplary damages also awarded in favour of the plaintiff against two of the defendants – whether total compensatory and exemplary damages less than $500,000 – whether commencement and continuation of the proceedings in the Supreme Court, rather than the District Court, was warranted –where plaintiff's costs likely to exceed the total compensation awarded – whether plaintiff to be regarded as successful party – whether plaintiff engaged in disentitling conduct that warranted an order that the plaintiff pay the defendants' costs, or an order that the plaintiff pay its own costs – considerations of proportionality in exercising the costs discretion – whether defendants should be jointly and severally liable for any costs awarded in favour of the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Protection of the Environment Operations Act 1997 (NSW) ss 143, 144AAA Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34 Cases Cited: Anderson v Canaccord Genuity Financial Ltd (No. 2) [2022] NSWSC 649 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No. 2) [2014] NSWCA 219 Il Vizio Corp Pty Ltd v Cashflow Finance Australia Pty Ltd [2018] NSWCA 142 McBride v Christie's Australia Pty Ltd (No. 2) [2015] NSWSC 754 Rushcutters Bay Smash Repairs v H McKenzie Netmakers [2003] NSWSC 670 Shield Mercantile Pty Ltd v Citigroup Pty Ltd [2013] NSWSC 287 Warburton v County Construction (NSW) Pty Ltd (No. 3) [2022] NSWSC 1563 Category: Costs Parties: Rove Estate Pty Ltd atf Lane Cove Estate Trust (Plaintiff) Chomp Excavations & Demolition Pty Ltd (First Defendant) Carlo Excavations Pty Ltd (Second Defendant) Haulbuild Pty Ltd (Third Defendant) Empire Transport Solutions Pty Ltd (Fourth Defendant) Mr Ahmad El Kadomi (Fifth Defendant) Mr Ahmad Kataieh (Sixth Defendant) Mr Paul Jones (Seventh Defendant) Mr George Abousleiman (Eight Defendant) Mr Daniel Gawidziel (Ninth Defendant) Mr Richard Gawidziel (Tenth Defendant) Representation: Counsel: Mr F Corsaro SC (Plaintiff) Mr F F F Salama with Mr A Smyth (First Defendant) Mr G Smith (Third Defendant) Mr A Patterson (Solicitor) (Fifth Defendant) Mr R Lee (Seventh Defendant) Mr B Le Plastrier (Eight Defendant)