Grant Reid Wilson atf G&L Wilson Family Trust v QBT Pty Limited (No 2) [2024] NSWSC 62

Supreme Court New South Wales

Medium Neutral Citation: Grant Reid Wilson atf G&L Wilson Family Trust v QBT Pty Limited (No 2) [2024] NSWSC 62 Hearing dates: 2 February 2024 Decision date: 07 February 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Vacate order 6 of the orders entered on 26 October 2023; (2) Subject to order (3), order that the defendant pay 70 percent of the plaintiffs' costs of the proceedings as agreed or assessed on the ordinary basis up to 28 March 2023 and on an indemnity basis on and from 29 March 2023; (3) Order that the defendant pay 70 percent of the plaintiffs' costs of the notices of motion filed on 8 November 2023 as agreed or assessed on the ordinary basis. Catchwords: JUDGMENTS AND ORDERS — Where parties seek to vacate order as to costs from related matter CIVIL PROCEDURE — Uniform Civil Procedure Rules — Apportionment of recoverable costs COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Whether to apportion costs incurred after offer of compromise — Where plaintiffs ultimately successful in only one of several claims brought against defendant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Grant Reid Wilson as trustee for G&L Wilson Family Trust v QBT Pty Limited [2023] 1255 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Category: Costs Parties: Grant Reid Wilson as trustee for G&L Wilson Family Trust (First Plaintiff) Susan Mary Hollis as trustee for The Hollis Dyson Family Trust (Second Plaintiff) Erca Investments Pty Limited as trustee for the Erca Investments Unit Trust (Third Plaintiff) Stephen John Ryan and Elizabeth Mary Ryan as trustees for the Ryan Family Superannuation Fund (Fourth Plaintiff) Cadnite Holdings Pty Limited as trustee for Cadnite Holdings Pty Limited Superannuation Fund (Fifth Plaintiff) QBT Pty Limited (Defendant) Representation: Counsel: DL Williams SC with A Zheng (Plaintiffs) D McLure SC with P Gaffney (Defendant)