Big Un Limited (in liquidation) v Evertz (No 3) [2024] NSWSC 1048

Supreme Court New South Wales

Medium Neutral Citation: Big Un Limited (in liquidation) v Evertz (No 3) [2024] NSWSC 1048 Hearing dates: On the papers, submissions dated 26 July 2024 Date of orders: 20 August 2024 Decision date: 20 August 2024 Jurisdiction: Equity - Commercial List Before: McGrath J (in chambers) Decision: The first and third defendants are to pay 80% of the fourth defendant's costs of the notice of motion (see [38]) Catchwords: COSTS — party/party — mixed outcome — general rule that costs follow the event — discretion to apportion costs ­— where applicant was not entirely successful — application of impressionistic, broad-brush approach — HELD — applicant to receive costs with percentage reduction to reflect mixed outcome on substantive "event" Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Practice Note SC Eq 3 Uniform Civil Procedure Rules (2005) (NSW) r 42.1 Cases Cited: Big Un Limited (in liquidation) v Evertz (No 2) [2024] NSWSC 878 Chandrasekaran v Western Sydney Local Health District (t/as Westmead Hospital) (No 2) [2024] NSWCA 21 Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd (No 3) [2023] NSWCA 316 Galati v Deans (No 2) [2019] NSWSC 1714 Loureiro v Mac Aus Unit Pty Ltd (No 3) [2022] NSWSC 358 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Big Un Limited (Plaintiff/First Respondent) Brandon Charles Evertz (First Defendant/ Second Respondent) Sonia Thurston (Third Defendant/ Fourth Respondent) Andrew Scott Corner (Fourth Defendant/Applicant) Representation: Counsel: No appearance (Plaintiff/First Respondent) H Rogers (First Defendant/Second Respondent) E Holmes and S Murray (Third Defendant/Fourth Respondent) P Afshar and J Pokoney (Fourth Defendant/Applicant)