Parlby and Anor v Blair and Others [2013] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: Parlby and Anor v Blair and Others [2013] NSWSC 100 Hearing dates: 11 February 2013 Decision date: 20 February 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order for the dissolution of the stay of indemnity costs made in previous proceedings. No other order as to costs of proceedings. Catchwords: COSTS - Where proceedings dismissed - Where no determination on the merits - Default provision for costs in UCPR r 42.20 - Whether to depart from ordinary position - Need for reason to depart from ordinary position. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Corporations Act 2001 (Cth) s 237 - Uniform Civil Procedure Rules (NSW) rr 42.1, 42.20 Cases Cited: - Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 - Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 - Cummins v Australian Jockey Club Ltd [2009] NSWSC 254 - Fordyce v Fordham [2006] NSWCA 274; (2006) 67 NSWLR 497 - McNamara v Bao San & Ors [2010] NSWSC 809 - Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Costs Parties: George Lassam Parlby (First Plaintiff) Oakstreak Pty Limited in its own right and as trustee for the Rozelle/Balmain Storage Trust (Second Plaintiff) Richard Andrew Blair (First Defendant) Mountainview Retreat Village Pty Limited (Second Defendant) CBC Partners Pty Limited (Third Defendant) Compass Profiling Pty Limited in its own right and as trustee for the Camelot Trust (Fourth Defendant) Representation: Counsel: B. Gillard (sol) (Plaintiffs) J. Darams (Defendants) Solicitors: Gillard Consulting Lawyers (Plaintiffs) James Tuite & Associates (Defendants) File Number(s): 2012/187167