Doman v Young Scholars @Glebe Pty Ltd (Costs) [2024] NSWSC 1356

Supreme Court New South Wales

Medium Neutral Citation: Doman v Young Scholars @Glebe Pty Ltd (Costs) [2024] NSWSC 1356 Hearing dates: On the Papers Date of orders: 28 October 2024 Decision date: 28 October 2024 Jurisdiction: Equity - Commercial List Before: Hammerschlag CJ in EQ Decision: The defendants are to pay 80% of the plaintiffs' costs on the ordinary basis excluding the plaintiffs' costs attributable to the provision of the explanation for failure to discover adequately and their costs of, and incidental to, the submissions on costs, to the intent that the parties shall bear their own costs of these attendances Catchwords: COSTS – Where the plaintiffs were successful but failed to establish that a rent review had occurred and a number of their claimed heads of damage – Where the circumstances justify a reduction in the plaintiffs' entitlement to costs – HELD: the defendants are to pay 80% of the plaintiffs' costs on the ordinary basis (excluding the plaintiffs' costs attributable to the provision of the explanation for their failure to discover adequately and their costs of, and incidental to, the submissions on costs) Category: Costs Parties: Thomas Alastair Doman (First Plaintiff/First Cross-Defendant) Elspeth Mary Doman (Second Plaintiff/Second Cross-Defendant) T A Doman & Co Pty Limited (Third Plaintiff/Third Cross-Defendant) Vimreach Pty Ltd (Fourth Plaintiff/Fourth Cross-Defendant) Margaret Campbell Doman (Fifth Plaintiff/Fifth Cross-Defendant)

Young Scholars @Glebe Pty Ltd (First Defendant/Cross-Claimant) Joan Elizabeth Stone (Second Defendant) Cubbyhouse Childcare NSW Pty Ltd (Third Defendant) Representation: Counsel: AR Langshaw (Plaintiffs/Cross-Defendants) DA Smallbone (Defendants/Cross-Claimant)