Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 4) [2024] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 4) [2024] NSWSC 115 Hearing dates: On the papers Decision date: 15 February 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: The cross-defendant pay two thirds of the cross-claimant's costs of the Amended Cross-Summons Catchwords: COSTS – cross-claimant successful on claim advanced at trial – two other claims not pressed at last moment – length of trial reduced – cross-defendant incurred costs relating to claims not pressed – what costs order should be made to reflect these matters Cases Cited: Kanjian Holdings No 1 Pty Ltd v Kanjian; Kanjian v Kanjian (No 4) [2021] NSWSC 1390 Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd [2022] NSWSC 59 Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 2) [2023] NSWSC 1405 Taylor v Stav Investments Pty Ltd as trustee for the Stav Investments Family Trust (No 2); Taylor v LK Group Investments Pty Ltd (No 2) [2023] NSWCA 322 Category: Costs Parties: Shinetec (Australia) Pty Ltd (Plaintiff) The Gosford Pty Ltd (First Defendant/Cross-Claimant) David Anthony Hurst (Second Defendant) David Anthony Sampson (Third Defendant) Bank of China Limited (Fourth Defendant/Cross-Defendant) Macquarie Bank Limited (Fifth Defendant) Representation: Counsel: R G McHugh SC / R J May (First Defendant/Cross-Claimant, Second and Third Defendants) J B Kay Hoyle SC (Fourth Defendant/Cross-Defendant)