GOWAY Travel Pty Limited v Critchley (No 2) [2024] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: GOWAY Travel Pty Limited v Critchley (No 2) [2024] NSWSC 810 Hearing dates: 23 May 2024 Date of orders: 1 July 2024 Decision date: 01 July 2024 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff ordered to pay the defendants' costs up to 21 December 2022 and the defendants ordered to pay the plaintiff's costs thereafter. Defendants to pay two-thirds of the plaintiff's costs of the defendants' motion of 20 February 2024. Judgment entered for $264,572.07. Catchwords: COSTS – Party/Party – Exceptions to general rule that costs follow the event – Late amendment by the plaintiff on cause of action which succeeds and other causes of action would have failed – Whether the plaintiff should pay the defendants' costs up to the date of the amendment – Plaintiff failed in respect of some travel costs – Whether the claim for those travel costs is separable such that an order should be made for the plaintiff to pay the defendants' costs of that failed claim – Whether the proceedings should properly have been brought in the District Court and the plaintiff deprived of costs on that account – Whether the defendants should have the benefit of unaccepted Calderbank letters – Calculation of the quantum of the plaintiff's claim Legislation Cited: District Court Act 1973 s 134(1)(h) Uniform Civil Procedure Rule r 42.34(2) Cases Cited: GOWAY Travel Pty Ltd v Critchley & Anor [2024] NSWSC 2 Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568 Sabah Yazgi v Permanent Custodians Ltd (No 2) [2007] NSWCA 306 Category: Costs Parties: GOWAY Travel Pty Limited (Plaintiff) Robert Critchley (First Defendant) Lynette Tarbuck (Second Defendant) Representation: Counsel: Mr A.E. Maroya with Mr S. Scott (Plaintiff) Mr M.P. Cleary (Defendants)