Digital Pulse Pty Limited v. Christopher Harris and Ors (No 2) [2002] NSWSC 107

New South Wales Supreme Court

CITATION : Digital Pulse Pty Limited v. Christopher Harris and Ors (No 2) [2002] NSWSC 107 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50032/00 HEARING DATE(S) : 20 February, 2002 JUDGMENT DATE : 20 February 2002

Digital Pulse Pty Limited - Plaintiff PARTIES : Christopher Harris - First Defendant Anthony Eden - Second Defendant Juice-D Media Pty Limited - Third Defendant JUDGMENT OF : Palmer J

COUNSEL : A.J. Bulley - Plaintiff D.A. Allen - Defendants SOLICITORS : Barker Gosling - Plaintiff Catalyst Partners - Defendants CATCHWORDS : COSTS PART 52A RULE 33 - CONSTRUCTION - Whether "a sufficient reason for commencing proceedings in the Court" means that a plaintiff must demonstrate a sufficient reason for commencing proceedings in the Common Law Division or in the Commercial List rather than in some other Division or List of the Supreme Court - SUFFICIENT REASON - A novel and important question of law is a sufficient reason within the rule - INDEMNITY COSTS - EXEMPLARY DAMAGES - Wrongful conduct justifying an award of exemplary damages is not of itself sufficient to warrant indemnity costs against a defendant - indemnity costs are awarded where a party has conducted the case improperly and not as a punishment for the conduct which underlies a plaintiff's cause of action. - Howlett v Saggers [1999] NSWSC 445 - Latudous v Casey (1990) 170 CLR 534 at 543 - Minehan v Clarke (1870) 9 SCR 227 CASES CITED : - Ohn v Walton (1995) 36 NSWLR 77 - Oshlack v Richmond River Council (1998) 193 CLR 72 - Walter Vignoli v Sydney Harbour Casino Pty Ltd (No.2) [1999] NSWSC 1227 - Re Wilcox: ex parte Venture Industries Pty Ltd (No.2) (1996) 141 ALR 727 DECISION : Costs awarded in favour of the Plaintiff; indemnity costs awarded in respect of some, but not all, issues.