Alpha Centauri Enterprises Pty Ltd v Mortgage House of Australia Pty Ltd [2009] NSWSC 636

New South Wales Supreme Court

CITATION : Alpha Centauri Enterprises Pty Ltd v Mortgage House of Australia Pty Ltd [2009] NSWSC 636 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 3 July 2009 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 3 July 2009

DECISION : Plaintiffs are to pay the defendants' costs of the proceedings other than the cross-claims on a party and party basis until 6 February 2007 and on an indemnity basis thereafter. The defendants' assessed costs of $106,735.25 relating to the vacation of the hearing in April 2007 are payable immediately. The defendants are to pay the plaintiffs' costs of the cross claims.

CATCHWORDS : PROCEDURE – Costs – determination after final hearing – claims and cross claims dismissed – offer of compromise – plaintiffs do not resist order for indemnity costs of the proceedings brought by them but seek their costs of the cross-claims – held plaintiffs to pay defendants' costs, other than the cross claims, on party / party basis up until offer of compromise, and on an indemnity basis thereafter – defendants to pay plaintiffs' costs of the cross claim

Alpha Centauri Enterprises Pty Ltd ACB 052 158 255 [First Plaintiff] Robert Alan Duncan [Second Plaintiff] PARTIES : Mortgage House of Australia Pty Ltd ACN 081 508 054 [First Defendant] Direct Mortgage Solutions Pty Ltd ACN 089 173 482 [Second Defendant] Mortgage House Broker Services Pty Ltd (formerly Array Home Loans Pty Ltd) ACN 096 357 596 [Third Defendnat] Mortgage House Realty Pty Ltd ACN 088 962 725 [Fourth Defendant]