Frisbo Holdings Pty Ltd v Austin Australia Pty Ltd (No 2) [2010] NSWSC 298

New South Wales Supreme Court

CITATION : Frisbo Holdings Pty Ltd v Austin Australia Pty Ltd (No 2) [2010] NSWSC 298

HEARING DATE(S) : On written submissions

JUDGMENT DATE : 20 April 2010

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : I vary the judgment dated 11 March 2010 by adding to para [52](3) the following: "Such costs to be assessed on the ordinary basis in respect of the first defendant and, as regards the second defendant, on the ordinary basis up to and including 11.00am on 6 June 2007, and thereafter on an indemnity basis.

CATCHWORDS : Costs.

LEGISLATION CITED : UCPR

CASES CITED : Morgan v Johnson (1998) 44 NSWLR 578 Caine v Lumley General Insurance Limited (No 2) [2008] NSWCA 109

Frisbo Holdings Pty Limited (1st Plaintiff) Aymoy Pty Limited (2nd Plaintiff) PARTIES : Arvant Holdings Pty Limited (3rd Plaintiff) Austin Australia Pty Limited (1st Defendant) Premier Pools Pty Limited (2nd Defendant)

FILE NUMBER(S) : SC 2006/262442

S. Torrington (Plaintiffs) COUNSEL : D. Priestley (1st Defendant) A.D.M. Hewitt SC/S. Maybury (2nd Defendant)

Sparke Helmore (Plaintiffs) SOLICITORS : HWL Ebsworth Lawyers (1st Defendant) Curwoods Lawyers (2nd Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Tuesday 20 April 2010

2006/262442 FRISBO HOLDINGS PTY LIMITED & ORS v AUSTIN AUSTRALIA PTY LIMITED & ANOR (No. 2)

JUDGMENT (Re: costs)

Introduction 1 In this matter there was verdict and judgment for the defendants. The plaintiffs were ordered to pay the defendants' costs. Such costs, prima facie, are payable on the ordinary basis: see UCPR 42.2. The second defendant obtained a verdict and judgment on the first defendant's cross claim against it with costs. 2 The defendants have sought indemnity costs orders against the plaintiffs.