Singh v Singh (No 2) [2024] NSWSC 1269

Supreme Court New South Wales

Medium Neutral Citation: Singh v Singh (No 2) [2024] NSWSC 1269 Hearing dates: On the papers, last submissions received 2 September 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Subject to order 2, the defendants to pay the plaintiffs' costs of the proceedings to date including the costs of the Cross Summons. (2) The plaintiffs to pay the defendants' costs of the plaintiffs' claim for a buyout order as set out in prayers 3A to 3E of the Amended Summons, which include the costs of the hearing on 29 July 2024. (3) The costs of the winding up of the partnership otherwise be paid out of the assets of the partnership. Catchwords: COSTS – costs order – dissolution of partnership – general rule for costs in the dissolution of a partnership – Calderbank offer – where breakdown of partnership and history of proceedings favoured departure from usual order in partnership cases – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Partnership Act 1892 (NSW) s 35 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Curac v Morey-Hype [2006] NSWSC 1171 Joudo v Joudo (No 2) [2024] NSWSC 469 Pirrottina v Pirrottina (No 2) [2024] NSWSC 1053 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Singh v Singh [2024] NSWSC 932 Texts Cited: Nil Category: Costs Parties: Labh Singh (First Plaintiff/First Cross-Defendant) Baljeet Singh (Second Plaintiff/Second Cross-Defendant) Jaswant Singh (Third Plaintiff/Fourth Cross-Defendant) Rajvinder Kaur Singh (Fourth Plaintiff/Third Cross-Defendant) Jasvir Kaur Tiwana (Fifth Plaintiff/Fifth Cross-Defendant) Manjit Singh Tiwana (Sixth Plaintiff/Sixth Cross-Defendant) Estate of the Late Manjit Kaur Singh (Seventh Plaintiff/Seventh Cross-Defendant) Paramjit Singh (Eighth Plaintiff/Eighth Cross-Defendant) Rashpal Kaur Singh (First Defendant/First Cross-Claimant) Phoola Singh (Second Defendant/Second Cross-Claimant) Representation: Counsel: B May (Plaintiffs/Cross-Defendants)