Derek Larsen as Trustee for the Larsen Superannuation Fund & Anor v Tastec Pty Ltd ACN 051516682 (No 2) [2025] NSWDC 16

District Court New South Wales

Medium Neutral Citation: Derek Larsen as Trustee for the Larsen Superannuation Fund & Anor v Tastec Pty Ltd ACN 051516682 (No 2) [2025] NSWDC 16 Hearing dates: On the papers Date of orders: 19 February 2025 Decision date: 19 February 2025 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The plaintiffs are to pay the defendants' costs of the remitter on the ordinary basis. (2) The plaintiffs are to pay the costs of the District Court proceedings before Gibb DCJ on the ordinary basis up until 7:10pm on 22 July 2021 and on the indemnity basis as and from 7:10pm on that date (save for the costs of the defendants' motion of 30 December 2021 which the plaintiffs are to pay on the ordinary basis). Catchwords: COSTS – where part of the plaintiffs' claim is remitted to the District Court together with the costs of the proceedings in the District Court and the plaintiffs are unsuccessful in their claim for damages on the remitter Legislation Cited: Australian Consumer Law Cases Cited: Derek Larsen as trustee for the Larsen Superannuation Fund ABN 95 894 143 943 and Floyd Larsen v Tastec Pty Limited (formerly Wonders Building Company Pty Ltd ACN 051 516 682 and Stephen Sainsbury (unreported) Larsen v Tastec Pty Ltd [2023] NSWCA 39 Northern Territory v Sangare [2019] HCA 19; 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Category: Costs Parties: Derek Larsen as Trustee for the Larsen Superannuation Fund (ABN 95 894 143 943) (First Plaintiff) Floyd Larsen as Trustee for the Larsen Superannuation Fund (ABN 95 894 143 943) (Second Plaintiff) Tastec Pty Ltd (formerly Wonders Building Company Pty Limited) (ACN 051 516 682) (First Defendant) Stephen Sainsbury (Second Defendant) Representation: Counsel: Mr I Roberts SC (Plaintiff) Mr M Gracie (Defendant)