CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 4) Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 4) CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) v Metro Chatswood Pty Ltd (No 4) [2013] NSWLEC 83

Land and Environment Court New South Wales

Medium Neutral Citation: CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 4) Metro Chatswood Pty Ltd v CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 4) CRI Chatswood Pty Ltd (In Liq) (Receivers and Managers Appointed) v Metro Chatswood Pty Ltd (No 4) [2013] NSWLEC 83 Hearing dates: 23 - 24 May 2012; 12, 23 and 26 November 2012 (amendment of application for costs) Decision date: 11 June 2013 Jurisdiction: Class 4 Before: Craig J Decision: Proceedings 40255 of 2011 In the above proceedings I make the following Orders: 1. By consent: (i) As between the Applicant and each of the First Respondent to Fourth Respondent inclusive, there will be no order as to costs. (ii) The Applicants' Notice of Motion filed 8 May 2012 is dismissed with no order as to costs. 2. The application by the Sixth and Seventh Respondents to amend [106] of the reasons for judgment delivered on 31 January 2012 is refused. 3. As among the First Respondent and the Sixth, Seventh, Eighth and Ninth Respondents there will be no order as to costs to the intent that each of those parties should bear its and his own costs. 4. Exhibits may be returned. Proceedings 40277 of 2011 In the above proceedings I make the following Orders: 1. By consent, no order as to costs. Proceedings 40534 of 2011 In the above proceedings I make the following Orders: 1. By consent, no order as to costs. Catchwords: COSTS - multiple parties with cross-claim for costs - successful application for joinder of parties - joined parties did not actively participate in principal proceedings - joinder not for ulterior purpose - consideration of discretion Legislation Cited: Environmental Planning and Assessment Act 1979 Civil Procedure Act 2005 District Court Act 1973 Uniform Civil Procedure Rules 2005 Cases Cited: Colgate-Palmolive Company and Colgate-Palmolive Pty Ltd v Cussons Pty Ltd [1993] FCA 536; 46 FCR 225