Metals Trading Pty Ltd v Doctor Scrap Pty Ltd (No 2) [2012] NSWSC 642

Supreme Court New South Wales

Medium Neutral Citation: Metals Trading Pty Ltd v Doctor Scrap Pty Ltd (No 2) [2012] NSWSC 642 Decision date: 01 June 2012 Jurisdiction: Equity Division Before: Rein J Decision: 1. Plaintiff to have order for costs in its favour on its claim. 2. Cross claimant to have an order for costs in its favour on its cross claim. Catchwords: PROCEDURE - costs - departing from the general rule - order for costs on indemnity basis - conduct of parties - misconduct, etc - in proceedings - conduct of case - where party has pleaded a defence which it then abandons at trial - abandonment of a defence does not itself support order for indemnity costs

PROCEDURE - costs - departing from the general rule - Supreme Court procedure - New South Wales - UCPR r 42.34(1) costs order not to be made unless Court satisfied proceedings in appropriate court - where proceedings transferred to Supreme Court to avoid claim being restricted by jurisdictional limit of District Court on quantum - bringing of proceedings in Supreme Court was warranted - exception in UCPR r 42.34(2) applies Legislation Cited: Civil Procedure Act 2005 District Court Act 1973 Uniform Civil Procedure Rules 2005 Cases Cited: Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 FAI General Insurance Co Ltd v Burns [1996] NSWCA 177 Lahoud v Lahoud [2006] NSWSC 126 Category: Consequential orders Parties: Metals Trading Pty Ltd (Plaintiff) Doctor Scrap Pty Ltd (Defendant) Representation: Counsel: J Hynes (Plaintiff) J Baxter (Defendant) Solicitors: Minter Ellison (Plaintiff) Anderson Lawyers (Defendant) File Number(s): SC 2010/106818