NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Macarthur Farm Pty Ltd (Receivers and Managers Appointed) v Warneet Super Pty Ltd (Costs) [2024] NSWSC 621 Hearing dates: In Chambers Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: First Plaintiff pay the Defendants' costs on the indemnity basis. Second Plaintiff pay the Defendants' costs on the ordinary basis. Catchwords: COSTS – Where defendants are successful and the first plaintiff accepts the underlying contractual instruments entitle the defendants to costs on the indemnity basis – Where second plaintiff is not a party to those instruments but the defendants argue that he and first plaintiff should be treated as one – HELD: Indemnity costs ordered against the first plaintiff but costs on the ordinary basis ordered against the second plaintiff. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Macarthur Farm Pty Ltd (Receivers and Managers Appointed) v Warneet Super Pty Ltd [2024] NSWSC 535 International Skin Care Suppliers Pty Ltd v Commonwealth Bank of Australia (No 2) [2013] NSWSC 1768 Category: Costs Parties: Macarthur Farm Pty Ltd ACN 667 935 971 (Receivers and Managers Appointed) (First Plaintiff)
Thomas Peter Crown (Second Plaintiff)
Warneet Super Pty Ltd ACN 163 164 921 as trustee for Warneet Super Fund ABN 67 810 588 968 (First Defendant)
Rahul Goyal (Second Defendant)
Barry Wight (Third Defendant) Representation: Counsel:
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