Eastmark Holdings Pty Limited v Kabraji (No 2) [2012] NSWSC 1255

Supreme Court New South Wales

Medium Neutral Citation: Eastmark Holdings Pty Limited v Kabraji (No 2) [2012] NSWSC 1255 Hearing dates: 4 October 2012 Decision date: 22 October 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: Order that the Defendants are to pay 80 per cent of the Plaintiff's costs of each of the Notices of Motion filed on 5 April 2012 by the First and Second Defendants and by the Third and Fourth Defendants, including the costs of the hearings on 28 June, 29 June and 4 October, as follows: (a) 65% of the Plaintiff's costs to be paid by the First, Second and Fourth Defendants; and (b) 15% of the Plaintiff's costs to be paid by the Third Defendant. Other procedural directions and orders made by consent of the parties. Catchwords: COSTS - Plaintiff's application for costs following failed notices of motion for summary dismissal and strike out of proceedings Legislation Cited: Civil Procedure Act 2005 Strata Schemes Management Act 1996 Supreme Court Rules Uniform Civil Procedure Rules 2005 Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd [1993] FCA 585; (1993) 44 FCA 194 Eastmark Holdings Pty Limited v Kabraji [2012] NSWSC 802 Fordyce v Fordham [2006] NSWCA 274; [2006] 67 NSWLR 497 Foukkare v Angreb Pty Ltd [2006] NSWCA 335 Gattelleri v Meagher [1999] NSWSC 1279 Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd [2010] FCAFC 5; (2010) 182 FCR 84 Luxmore Pty Ltd v Hydedale Pty Ltd [2008] VSCA 212; (2008) 20 VR 481 Ohn v Walton (1995) 36 NSWLR 77 Plaza West Pty Ltd v Simon's Holdings (NSW) Pty Ltd (No 2) [2011] NSWSC 556 Sagacious Legal Pty Ltd v Westfarmers General Insurance Limited [2010] FCA 274 Traderight (NSW) Pty Ltd & Ors v Bank of Queensland Ltd (No 2) [2008] NSWSC 589 Category: Procedural and other rulings Parties: Eastmark Holdings Pty Limited (Plaintiff) Eddie Kabraji (first Defendant) hendersenhayes Pty Ltd (second Defendant) The Owners Strata Plan No 74602 (third Defendant) Kris Bruckner (fourth Defendant) Representation: Mr P W Gray SC; Ms B Oliak (Plaintiff) Mr A S McGrath (first, second and fourth Defendants) Ms C Amato (third Defendant) Swaab Attorneys (Plaintiff) Henry Davis York (first Defendant) Henry Davis York (second Defendant) Minter Ellison (third Defendant) Norton Rose (fourth Defendant) File Number(s): 2011/328524