Ossen Pty Ltd v K&S Developments Pty Ltd (Receivers and Managers Appointed); Clarke v Ossen Pty Ltd (No 2) [2024] NSWSC 509

Supreme Court New South Wales

Medium Neutral Citation: Ossen Pty Ltd v K&S Developments Pty Ltd (Receivers and Managers Appointed); Clarke v Ossen Pty Ltd (No 2) [2024] NSWSC 509 Hearing dates: On the papers Decision date: 02 May 2024 Jurisdiction: Equity Before: Richmond J Decision: Cross-claimant to pay the first cross-defendant's costs of and incidental to the cross-claim filed on 10 October 2022 on the ordinary basis, as agreed or assessed. Catchwords: COSTS — party/party — general rule that costs follow the event — application of the rule and discretion — application for alternative order to reflect partial success — application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: James v Surf Road Nominees (No 2) [2005] NSWCA 296 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Commonwealth of Australia v Gretton [2008] NSWCA 117 Category: Costs Parties: Ossen Pty Ltd (Plaintiff/First Cross-Defendant) K & S Developments Pty Ltd (Receivers and Managers Appointed) as trustee for the Midnas Trust (First Defendant/Second Cross-Defendant) Sandra Gail Clarke (Second Defendant/Cross-Claimant) Representation: Counsel: Mr M Young SC (Plaintiff/First Cross-Defendant) Mr A Fernon SC and Ms E Keynes (Second Defendant/Cross-Claimant)

Solicitors: Sunfield Chambers Solicitors & Associates (Plaintiff/First Cross-Defendant) Osborne Lawyers (Second Defendant/Cross-Claimant) File Number(s): 2021/346521 Publication restriction: Nil