Powell General Sheet Metal Pty Ltd v. Autopak Nominees Pty Ltd [2011] NSWSC 420

Supreme Court New South Wales

Medium Neutral Citation: Powell General Sheet Metal Pty Ltd v. Autopak Nominees Pty Ltd [2011] NSWSC 420 Hearing dates: 7 and 8 February 2011, 22 February 2011 Decision date: 06 April 2011 Jurisdiction: Equity Division Before: Sackar J Decision: 1. Application to vary costs order of April 6 refused 2. Order that the defendant pay the plaintiff's costs of proceedings as agreed or taxed Catchwords: COSTS - basis for awarding in variation to original order - exercise of discretion Cases Cited: The European Hire Cars Pty Ltd v. Beilby Pulden Costello [2009] NSW SC 526 Category: Costs Parties: Powell General Sheet Metal Pty Ltd - Plaintiff Autopak Nominees Pty Ltd - Defendant Representation: Counsel: P Walsh - for Plaintiff J Levingston - for Defendant Solicitors: Plaintiff: Adams & Partners lawyers Defendant: Alexander Lee & Associates File Number(s): 2010/301584

Judgment 1In this matter on 6 April 2011, I ordered that certain declarations be made in the plaintiff's favour and that the defendant pay the plaintiff's costs of the proceedings. 2The defendant sought leave, which I granted, to contend that costs should be awarded on a different basis. 3The defendant now seeks that I vary the order I made so that there should be either no order as to costs, or alternatively, that the defendant should pay the plaintiff's costs of the proceedings as agreed or assessed excluding the plaintiff's costs of certain affidavits not read or where parts of those which were substantially struck out as inadmissible.