Walker Leppington Pty Ltd (ACN 131799007) v Leppington Park Pastoral Pty Limited (ACN 080266048) [2011] NSWSC 1011

Supreme Court New South Wales

Medium Neutral Citation: Walker Leppington Pty Ltd (ACN 131799007) v Leppington Park Pastoral Pty Limited (ACN 080266048) [2011] NSWSC 1011 Hearing dates: 21 June 2011 Decision date: 26 August 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: In my view the appropriate order is that each party should pay their own costs of the proceedings up until 11 February 2011 and the plaintiff should pay the defendant's costs thereafter on the ordinary basis and I so order Catchwords: COSTS - interlocutory decisions - determination of the cost consequences that would follow upon a proposed discontinuance of the proceedings Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Fordyce v Fordham [2006] NSWCA 274 Minister for Immigration and Ethnic Affairs; ex Parte QIN, Re (1997) 186 CLR 622 One Tel Ltd v Deputy Commissioner of Taxation (2000) FCA 270 Category: Principal judgment Parties: Walker Leppington Pty Ltd (plaintiff) Leppington Park Pastoral Pty Ltd (defendant) Representation: Counsel Mr Simon Kerr SC and Mr Peter Kulevski - plaintiff Solicitors Colin Biggers & Paisley - plaintiff Clayton Utz - defendant File Number(s): 2010/411136

Judgment 1This is a hearing to determine the cost consequences that would follow upon a proposed discontinuance of the present proceedings. The proceedings concern a conveyancing transaction between the two parties which has now been completed, thus rendering any further relief in the proceedings irrelevant.