Pacific National Constructions Pty Ltd v Geurts Trucks Besloten Venootschap [2024] NSWSC 944

Supreme Court New South Wales

Medium Neutral Citation: Pacific National Constructions Pty Ltd v Geurts Trucks Besloten Venootschap [2024] NSWSC 944 Hearing dates: On the Papers Date of orders: 02 August 2024 In Chambers Decision date: 02 August 2024 Jurisdiction: Common Law Before: Wilson J Decision: (1) Application for indemnity costs refused. (2) Order 2 of 9 July 2024 for costs on an ordinary basis is confirmed. Catchwords: COSTS – indemnity costs – whether usual order should be displaced – where exclusive jurisdiction clause challenged and no expert evidence adduced Legislation Cited: Civil Procedure Act 2005 (NSW) Land and Environment Court Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: John Holland Pty Limited v Kellogg Brown & Root Pty Ltd [No 2] [2015] NSWSC 564 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Pacific National Constructions Pty Ltd (CAN 104 808 844) trading as Nowra Cranes (Plaintiff) Geurts Trucks Besloten Venootschap (Defendant) Representation: Solicitors: Cornwalls (Plaintiff) Koffels Solicitors and Barristers (Defendant) File Number(s): 2023/206663 Publication restriction: Nil

JUDGMENT 1. HER HONOUR: On 9 July 2024 the Court made the following orders in this matter: (1) The Claim filed by Pacific National Constructions Pty Ltd (CAN 104 808 844) trading as Nowra Cranes on 27 June 2023 bearing Case number 2023/00206663 is permanently stayed; (2) Subject to order (3) costs of the Motion filed by Geurts Trucks Besloten Venootschap on 25 March 2024 are in favour of the defendant; (3) Should either party seek an order for costs different to that given at order (2), written submissions and any evidence in support are to be filed and served on the opposing party within 7 days of the date of these orders. Submissions and any evidence in reply are to be filed and served 7 days thereafter. Any such application will be determined on the papers. 1. Pursuant to order 3 above, on 16 July 2024 the defendant filed and served and application in submissions seeking an order for indemnity costs, in lieu of order 2 above. On 23 July 2024 the plaintiff filed its submissions in response to the defendant's application, an application it opposes.