JDM Investments Pty Ltd v Todbern Pty Ltd [2000] NSWSC 432

New South Wales Supreme Court

CITATION : JDM Investments Pty Ltd v Todbern Pty Ltd [2000] NSWSC 432 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1225/00 HEARING DATE(S) : 12 May 2000 JUDGMENT DATE : 12 May 2000

PARTIES : JDM Investments Pty Ltd (Receiver & Manager Appointed) (Administrator Appointed) (P) Todbern Pty Limited (D) JUDGMENT OF : Hamilton J

COUNSEL : R R I Harper (P) F P Donohoe (D) SOLICITORS : Coudert Brothers (P) Verekers (D) CATCHWORDS : PROCEDURE [573] - Costs - Departing from the general rule - Powers of court - Relevant principle - Whether claims distinct. LEGISLATION CITED : Supreme Court Rules Part 52A r11 JDM Investments Pty Ltd v Todbern Pty Ltd [2000] NSWSC 349 CASES CITED : Waters v P C Henderson (Aust) Pty Ltd NSWCA, 6 July 1994, unreported Ritchie's Supreme Court Procedure [52A.11.2] DECISION : That costs should follow the event.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

FRIDAY, 12 MAY 2000

1225/00 JDM INVESTMENTS PTY LIMITED (RECEIVER & MANAGER APPOINTED) (ADMINISTRATOR APPOINTED) v TODBERN PTY LIMITED

JUDGMENT

HIS HONOUR:

1 In this matter I have already delivered a substantive judgment: JDM Investments Pty Ltd v Todbern Pty Ltd [2000] NSWSC 349. The question of the costs of these proceedings has been argued before me today. It is of some importance in my deciding the question of costs that these proceedings have arisen from complex leasing transactions and from diffuse negotiations between the parties leading to the commencement of the litigation. The stances of both parties have changed at various times as to the interpretation of clause H.2 of the relevant sublease, which became the first and central question in the proceedings as they were ultimately heard and determined. The most important relief that was actually granted in the litigation is a declaration as to the meaning of that clause, but the interpretation given by the Court to the clause is not that which was primarily contended for by either party. 2 Part 52A r 11 of the Supreme Court Rules provides as follows: "If the Court makes any order as to costs, the Court shall, subject to this Part, order that the costs follow the event, except where it appears to the Court that some other order should be made as to the whole or any part of the costs."