Motor Trade Finances Prestige Leasing Pty Ltd v Elderslie Finance Corporation Ltd & 2 Ors - on costs [2006] NSWSC 1446

New South Wales Supreme Court

CITATION : Motor Trade Finances Prestige Leasing Pty Ltd v Elderslie Finance Corporation Ltd & 2 Ors - on costs [2006] NSWSC 1446

HEARING DATE(S) : 19/12/06

JUDGMENT DATE : 19 December 2006

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 12/19/2006

DECISION : 1. Order that the 1st and 2nd defendants pay 75% of the plaintiff's costs of the proceedings as assessed or agreed; 2. Order that the plaintiff pay the 3rd defendant's costs of the proceedings as assessed or agreed; 3. Order that the plaintiff pay the defendants' costs of the notice of motion dated 21/11/06 and such costs be paid on an indemnity basis; 4. Each party bear his and its own costs of today; 5. I reserve liberty to apply in relation to the question of the release of the bank guarantees provided pursuant to the orders made for the provision of security for costs.

CATCHWORDS : COSTS – General rule – Departing from general rule – Plaintiff partially successful in prosecuting claims brought against first and second defendants – Plaintiff recovered a substantially smaller amount of damages than that claimed – Proceedings delayed and costs increased by way in which plaintiff's evidence prepared and presented – Whether costs should follow the event – Powers of Court in relation to costs – s 98 Civil Procedure Act 2005 (NSW) considered – Order that costs to which plaintiff entitled should be reduced by on-quarter.

Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules (2005) NSW Supreme Court Rules 1970 (NSW) Australian Securities and Investments Commission Act 2001 (Cth)