Teterin v Linrod Pty Ltd (No. 2) [2025] NSWSC 81

Supreme Court New South Wales

Medium Neutral Citation: Teterin v Linrod Pty Ltd (No. 2) [2025] NSWSC 81 Hearing dates: On the papers (last submissions received 4 February 2025) Date of orders: 20 February 2025 Decision date: 20 February 2025 Jurisdiction: Equity Before: Pike J Decision: (1) The statement of claim be dismissed. (2) Subject to order 3, the plaintiff pay the first, third and fourth defendants' costs of the proceedings. (3) There be no order as to costs of the third defendant's motion filed 7 December 2023, to the intent that the plaintiff and third defendant bear their own costs of the motion. Catchwords: COSTS – costs order – whether proceedings in substance adversarial or in relation to administration of a trust - where plaintiff's claim has failed – no question of principle Legislation Cited: Nil Cases Cited: In Re Buckton; Buckton v Buckton [1907] 2 Ch 406 Murdocca v Murdocca (No 2) [2002] NSWSC 505 Teterin v Linrod Pty Ltd [2024] NSWSC 1635 Texts Cited: Nil Category: Costs Parties: David John Teterin (Plaintiff) Linrod Pty Ltd (First Defendant) Peter James Evans (Second Defendant) Norman Teterin (Third Defendant) Stephanie Helen Teterin (Fourth Defendant) Representation: Counsel: A Harding SC with N Condylis (Plaintiff) T O'Brien with F G Di Lizia (First and Fourth Defendants) S Clemmett (Second Defendant) N Simpson (Third Defendant)