In the matter of JC Jewels Pty Ltd ACN 628 983 773 (No 2) [2024] NSWSC 581

Supreme Court New South Wales

Medium Neutral Citation: In the matter of JC Jewels Pty Ltd ACN 628 983 773 (No 2) [2024] NSWSC 581 Hearing dates: On the papers (last written submissions received 13 May 2024) Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Equity - Duty List Before: Pike J Decision: The plaintiffs pay the defendants' costs of the claim for interlocutory relief. Catchwords: PRACTICE AND PROCEDURE – costs – determination – where plaintiffs' claim for interlocutory relief has failed – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: In the matter of JC Jewels Pty Ltd ACN 628 983 773 [2024] NSWSC 532 Texts Cited: Nil Category: Costs Parties: Craig Miller (First Plaintiff) Lonn Miller (Second Plaintiff) CKM FAMILY Pty Ltd ACN 639 368 755 (Third Plaintiff) JC Jewels Pty Ltd ACN 628 983 773 (First Defendant) Steven Braun (Second Defendant) Vincenzo Bonfa (Third Defendant) Timothy Demmy Sung (Fourth Defendant) Sung Investments Pty Ltd (Fifth Defendant) Teresa Braun (Sixth Defendant) Representation: Solicitors: Drayton Sher Lawyers (Plaintiffs) Tisher Liner FC Law (Defendants) File Number(s): 2024/147236 Publication restriction: Nil

JUDGMENT 1. On 7 May 2024, I delivered judgment in these proceedings: see In the matter of JC Jewels Pty Ltd ACN 628 983 773 [2024] NSWSC 532 (Principal Judgment). These reasons assume familiarity with the Principal Judgment and continue to use the terms defined therein. 2. I made the following orders: 1. The plaintiffs' claim for interlocutory relief set out at paragraphs 5, 9, 10, and 11 of the amended originating process is dismissed. 2. The proceedings are transferred to the Corporations List and listed for directions on Monday 13 May 2024. 3. The parties are to confer and seek to agree an appropriate order as to costs which is to be provided to my Associate by no later than 5 pm on Monday 13 May 2024. Failing agreement, each party is to provide to my Associate by 5 pm on 13 May 2024 any submissions as to costs, such submissions not to exceed 3 pages, whereupon I will determine the question of costs on the papers. 1. At [65] of the Principal Judgment, I expressed a preliminary view on costs, namely that the plaintiffs should pay the defendants' costs of the claim for interlocutory relief but directed the parties to seek to agree on costs, and failing this, provide brief submissions on costs, such that I would determine the issue on the papers. The parties were not able to agree on costs and provided written submissions dated 13 May 2024. 2. These reasons deal with the question of costs on the claim for interlocutory relief.