J Family Motel Group Pty Ltd v Baset Super Pty Ltd (No 2) [2024] NSWSC 1401

Supreme Court New South Wales

Medium Neutral Citation: J Family Motel Group Pty Ltd v Baset Super Pty Ltd (No 2) [2024] NSWSC 1401 Hearing dates: On the papers; last submissions 25 October 2024. Date of orders: 6 November 2024 Decision date: 06 November 2024 Jurisdiction: Equity - Expedition List Before: Rees J Decision: Costs orders made. Catchwords: COSTS – dispute between landlord and tenant involving a contested valuation – landlord leveraged discrete issue to end settlement regime in Deed and Contract for sale of land and lease – whether tenant entitled to indemnity costs – no relevant delinquency in the conduct of the proceedings – whether costs should be apportioned, principles at [18]-[19] – landlord succeeded on the discrete issue but tenant otherwise succeeded – costs apportioned based on parties' relative success. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.5 Cases Cited: In the matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356 Latoudis v Casey (1990) 170 CLR 534 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 306 Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) (2011) 86 ACSR 119; [2011] NSWCA 256 Category: Costs Parties: J Family Motel Group Pty Ltd (Plaintiff) Baset Super Pty Ltd (Defendant) Representation: Counsel: M Green SC / LR James (Plaintiff) A Ogborne (Defendant) Solicitors: Proctor Phair Lawyers (Plaintiff) Wordsworth Lawyers (Defendant) File Number(s): 2024/226231