Stockco Agricapital Pty Ltd v Chalmers [2023] NSWSC 818

Supreme Court New South Wales

Medium Neutral Citation: Stockco Agricapital Pty Ltd v Chalmers [2023] NSWSC 818 Hearing dates: On the papers; submissions received 7 July 2023 Date of orders: 12 July 2023 Decision date: 12 July 2023 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Cross-claimants to pay first cross-defendant's costs thrown away including costs paid to mediator in two mediations as assessed and payable forthwith Catchwords: COSTS – party/party – costs orders in interlocutory proceedings – whether costs thrown away should include costs of mediations – whether costs should be payable forthwith under rule 42.7(2) Uniform Civil Procedure Rules 2005 (NSW) – where amended cross-summons and cross-claim statement filed on discrete issue separate to principal proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 2) [2019] NSWSC 463 Texts Cited: Practice Note SC Eq 3 Category: Costs Parties: Stockco Agricapital Pty Limited (Plaintiff/Second Cross-Defendant) Christopher Robert Chalmers (First Defendant/First Cross-Claimant) Amanda Gaye Chalmers (Second Defendant/Second Cross-Claimant) Elders Rural Services Australia Limited (First Cross-Defendant) Representation: Counsel: W K Soon (Defendants/Cross-Claimants) B K Koch (First Cross-Defendant)

Solicitors: Norton Rose Fulbright (Plaintiff/Second Cross-Defendant) Levitt Robinson Solicitors (Defendants/Cross-Claimants) Crawford Legal (First Cross-Defendant) File Number(s): 2020/143664