NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Legend Corporate Services Pty Limited & Anor v Rimes & Ors [2023] NSWSC 1526 Hearing dates: 06 December 2023 Date of orders: 08 December 2023 Decision date: 08 December 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) There be no order as to costs to the intent that each party bear his or its own costs of the preliminary discovery application. (2) Order (1) above is made without prejudice to the right of any party to apply to the Court, if the plaintiff commences substantive proceedings against any or all of the defendants as a result of the production of documents the subject of the orders made by consent on 12 September 2023, for relief in those proceedings that has the effect of varying this order. Catchwords: COSTS — Party/Party — Application for preliminary discovery – whether or not actions of plaintiffs unreasonable – no order as to costs. Legislation Cited: Nil Cases Cited: Ainsworth & Anor v Stapleton Johnson & Partners [2020] NSWSC 252 Bio Transplant Inc v Bell Potter Securities Ltd [2008] NSWSC 694 Re Minister for Immigration & Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 at 624 – 625; [1997] HCA 6 Renton v Kelly [2018] NSWSC 1377 Texts Cited: Nil Category: Costs Parties: Legend Corporate Services Pty Limited (First Plaintiff) System Control Engineering Pty Ltd (Second Plaintiff) Scott Rimes (First Defendant) Philip Rimes (Second Defendant) All Controls Pty Ltd (Third Defendant) Representation: Counsel: N Furlan (Plaintiff) P Caillard (First and Second Defendant)
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