Tin-Tagel Majikk Pty Ltd v Hockey [2024] NSWSC 1330

Supreme Court New South Wales

Medium Neutral Citation: Tin-Tagel Majikk Pty Ltd v Hockey [2024] NSWSC 1330 Hearing dates: On the papers Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Common Law Before: Davies J Decision: Order the plaintiffs to pay the eighth defendant's costs in the sum of $31,000. Catchwords: COSTS — party/party — general rule that costs follow the event — proceedings discontinued against eighth and ninth defendants after appointment of receivers to second plaintiff – whether costs should be payable in accordance with r 42.19 UCPR - whether appointment of receivers to second plaintiff was a supervening event – where appointment of receivers due to default by second plaintiff – appointment not a supervening event – plaintiffs to pay eighth defendant's costs COSTS – where Calderbank offers served by eighth defendant at various stages of proceedings – where indemnity costs sought after discontinuance - where plaintiffs did not act unreasonably in refusing Calderbank offer prior to appointment of receivers – plaintiffs to pay eighth defendant's costs on the ordinary basis COSTS - agreements as to costs – whether costs of the proceedings include costs of mediation – no evidence of any agreement about costs at mediation – costs of mediation form part of costs of the proceedings Legislation Cited: Corporations Act 2001 (Cth) s237, Uniform Civil Procedure Rules 2005 (NSW) rr 12.1, 19.5, 42.19 Cases Cited: Australian Securities Commission v Berona Investments Pty Ltd (1995) 18 ACSR 772 Bob v Wombat Securities Pty Ltd and Ors (No 2) [2013] NSWSC 863 Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack & Ors [2003] NSWCA 302 Furnish & Finish Pty Ltd v Hollands [2020] NSWSC 1593 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 In the matter of Sirrah Pty Ltd [2024] NSWSC 953 McNamara v Bao San & Ors [2010] NSWSC 809 Newcastle City Council v Wieland (2009) 74 NSWLR 173; [2009] NSWCA 113 One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Qasim v Bird & Ors (No 3) [2022] NSWSC 418 Texts Cited: Nil Category: Costs Parties: Tin-Tagel Majikk Pty Ltd (First Plaintiff) Danc Pty Ltd (Second Plaintiff) Kenneth Roy Folley (Third Plaintiff) Kathryn Mary Folley (Fourth Plaintiff) Majjik Pty Ltd (Fifth Plaintiff) Christian Purdue (Eighth Defendant) Mandy King (Ninth Defendant) Representation: Counsel: S Phillips (First, Third, Fourth & Fifth Plaintiffs) Mr J Foley (Receiver for the Second Plaintiff) Ms L Jemmeson (Eighth Defendant) No appearance (Ninth Defendant)