In the matter of Central West Civil Pty Ltd [2023] NSWSC 1145

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Central West Civil Pty Ltd [2023] NSWSC 1145 Hearing dates: On the papers; last submissions as to costs received 15 September 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: No order as to costs of Interlocutory Process; Defendant to pay the Applicant's costs of the Defendant's costs application on an indemnity basis. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Where Interlocutory Process discontinued— Where r 42.19 of the Uniform Civil Procedure Rules 2005 (NSW) may or may not apply — Whether a costs order should be made against the discontinuing party. COSTS - Indemnity costs - Application for indemnity costs – Whether costs application was unreasonably pursued. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(1) - Uniform Civil Procedure Rules 2005 (NSW), rr 12.1, 42.19 - Supreme Court (Corporations) Rules 1999 (NSW), r 5.8 Cases Cited: - Hamod v New South Wales (2002) 188 ALR 659; [2002] FCA 424 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) (2008) 65 ACSR 324; [2008] NSWSC 199 - McNamara v San [2010] NSWSC 809 - Re Cabramatta King Tea Pty Ltd [2022] NSWSC 462 - Re Harmony Homes Pty Ltd [2023] NSWSC 300 - Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: High Quality Asphalts Pty Ltd (Plaintiff) Central West Civil Pty Ltd (Defendant/Respondent) XJS World Pty Ltd (Applicant) Representation: Counsel: J Young (Defendant/Respondent) P Horobin (Applicant)