Corbett v Nguyen (No 2) [2012] NSWSC 673

Supreme Court New South Wales

Medium Neutral Citation: Corbett v Nguyen (No 2) [2012] NSWSC 673 Hearing dates: 12 June 2012 Decision date: 22 June 2012 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Orders: (1) Subject to order (6), the plaintiff pay 90% of the defendants' costs of the proceedings between plaintiff and defendants including the cross claim between them those costs to include all costs thrown away or wasted as a result of amendments to the statements of claim. (2) The defendants pay the costs of the second cross defendant of the cross claim between them. (3) The plaintiff pay the defendants' costs of the cross claim against the second cross defendant and indemnify the defendants against the costs payable pursuant to order (2). (4) The proceedings on the judgment in favour of the plaintiff be stayed pending assessment of the costs of the defendants payable by the plaintiff or until further order and that upon assessment such costs be set off against the judgment sum. (5) That the costs of the defendants payable by the plaintiff be further set off against the costs payable by the defendants to the plaintiff pursuant to orders of White J of 28 November 2008. (6) No order as to the costs of the hearing on 12 June 2012. (7) Liberty to apply in respect of order (4). (8) The exhibits may be returned. Catchwords: COSTS- circumstances where cross claim dismissed because plaintiff's claim failed.

SET OFF- costs against costs and costs against judgment. Legislation Cited: Civil Procedure Act 2005, ss 98(1), 101(4) Uniform Civil Procedure Rules 2005, Parts 42.1, 42.20(1) Cases Cited: Fennell v Supervision & Engineering Services Holdings Pty Ltd and Santos Ltd [1988] SASR 6 Furber v Stacey [2005] NSWCA 242 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 688 Gold Coast Bakeries (Qld) Pty Ltd v Heat & Control Pty Ltd [1992] 1 Qd R 162 Goldsbrough Mort & Co Ltd v Quinn (1910) 10 CLR 674 Hughes Bros Pty Ltd v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney (Foster AJ, 25.10.1999, unreported) BC9907002 Jones v Bradley (No 2) [2003] NSWCA 258 Lahoud v Lahoud [2006] NSWSC 126 Lombard Insurance Co (Australia) Ltd v Pastro (1994) 175 LSJS 448 McCourt v Cranston [2009] WASC 56 Smec Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 120 Thrustout d.Barnes v Crafter (1772) 2 Wm Bl 826; 96 ER 487 Wentworth v Wentworth (Young J, 12.12.1994, unreported) BC403409 Wentworth v Wentworth (CA, 21.2.1996, unreported) BC9600213 Category: Costs Parties: James Edmund Corbett (Plaintiff) Hau Nhon Nguyen (First Defendant) Hoa Nhon Nguyen (Second Defendant) Ai Nhon Nguyen (Third Defendant) Abaco Machines (Australasia) Pty Ltd (Trustee of the Tuyet Superannuation Fund) (Fourth Defendant) David Duc Van Nguyen (Second Cross Defendant) Representation: Counsel: