Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd (No 3) [2024] NSWSC 965

Supreme Court New South Wales

Medium Neutral Citation: Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd (No 3) [2024] NSWSC 965 Hearing dates: On the papers; final submissions ending 20 April 2024 Date of orders: 7 August 2024 Decision date: 07 August 2024 Jurisdiction: Equity Before: Parker J Decision: See [110] Catchwords: COSTS — party/party — parties involved in property investment and development ventures — dispute about financing of several development ventures — majority of claims settled out of Court — partnership account ordered — all substantiative claims for relief determined — apportionment of costs to reflect mixed success of parties on claim and cross-claims — costs to lie where they fall in relation to settled claims — Re Minister for Immigration; Ex parte Lai Qin (1997) 186 CLR 622 — general rule that costs follow the event to be applied distributively by reference to separate "events" Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2) [2021] NSWSC 869 Medway Oil & Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Morgan Equipment Company v Rodgers (No 2) (1993) 32 NSWLR 467 Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd [2021] NSWSC 1174 Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd (No 2) [2022] NSWSC 1215 Re Minister for Immigration; Ex parte Lai Qin (1997) 186 CLR 622 S&C Nicola Pty Ltd v Peter Holmes Investments Pty Ltd [2022] NSWCA 72 Shazbot Pty Ltd v Warner Capital Pty Ltd (No 6) [2024] NSWSC 81 Smith v Madden (1946) 73 CLR 129 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Trentelman v The Owners - Strata Plan 76700 (No 3); The Owners - Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578 Woods v Sheriff of Queensland (1895) 6 QLJ 163 Texts Cited: Nil Category: Costs Parties: Statement of Claim Peter Holmes Investments Pty Limited (Plaintiff) S&C Nicola Pty Limited (First Defendant) Manotik Pty Limited (Second Defendant)