KENNARDS HIRE PTY LTD v RMGA PTY LTD [2011] NSWSC 226

Supreme Court New South Wales

Medium Neutral Citation: KENNARDS HIRE PTY LTD v RMGA PTY LTD [2011] NSWSC 226 Hearing dates: 3 February 2011 Decision date: 30 March 2011 Jurisdiction: Equity Division - Corporations List Before: Barrett J Decision: Order that the applicant under the interlocutory process filed on 12 April 2010 pay 95% of (a) the costs of the respondent of and incidental to the interlocutory process up to 2 December 2010; and (b) the costs of the respondent of and incidental to the hearing on costs on 3 February 2011. Order that the respondent to the interlocutory process filed on 12 April 2010 pay 5% of (a) the costs of the applicant of and incidental to the interlocutory process up to 2 December 2010; and (b) the costs of the applicant of and incidental to the hearing on costs on 3 February 2011. Order that the costs ordered by orders 1 and 2 be assessed and payable forthwith. Catchwords: PROCEDURE - costs - where applicant comprehensively unsuccessful but achieving success on one claim - costs to be apportioned - whether indemnity basis appropriate - whether there should be interest on costs Legislation Cited: Civil Procedure Act 2005, s 101(4) Corporations Act 2001 (Cth), s 536 Cases Cited: Kennards Hire Pty Ltd v RMGA Pty Ltd [2010] NSWSC 1387 Category: Costs Parties: Kennards Hire Pty Ltd - Plaintiff RMGA Pty Ltd - Defendant Mignon Esther Gardener - Applicant David Lewis Clout - Respondent Representation: Counsel: Mr R C Gration - Applicant Mr J T Johnson - Respondent Solicitors: Clamenz Corporate Lawyers - Applicant Owen Hodge Lawyers - Respondent File Number(s): 2009/289068