Redwood Anti-Ageing Pty Limited & Anor v Knowles & Ors (No. 2) [2013] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: Redwood Anti-Ageing Pty Limited & Anor v Knowles & Ors (No. 2) [2013] NSWSC 742 Hearing dates: 7 June 2013 Decision date: 07 June 2013 Jurisdiction: Equity Division Before: White J Decision: 1. Order that the 2nd defendant's cross-claim be dismissed. 2. Order that the undertaking which is paragraph 1 to the short minutes of order noted by McDougall J on 17 July 2007 be discharged. 3. Direct that the moneys paid into a Morgan Lewis controlled moneys account may be released to the first plaintiff. 3. Order that the plaintiffs pay 50 percent of the first defendant's costs. 4. Costs of today are to be costs in the proceedings. Catchwords: PROCEDURE - costs - general rule costs follow the event - where party has succeeded on one of a number of severable issues - whether costs order affected by party's failure to consent to separate trial of an issue - whether costs order affected by illegal acts by party - effect of parties' untruthful evidence on costs order - construction of r 42.34 of the Uniform Civil Procedure Rules - whether rule applies when plaintiff made claims for equitable relief Legislation Cited: Pharmacy Act 1964 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Dee-Tech Pty Limited & Anor v Neddam Holdings Pty Ltd (No. 2) [2012] NSWSC 517 Pham v Doan [2005] NSWSC 201; (2005) 63 NSWLR 370 Mead v Watson (2005) NSWSC 133; (2005) 23 ACLC 718 Category: Costs Parties: Redwood Anti-Ageing Pty Limited (1st Plaintiff) Pharmaceutical Marketing Corporation Pty Limited (2nd Plaintiff) Daryll Knowles (1st Defendant) Nxgen Wholesaling Pty Ltd (formerly known as ASA Pharmaceuticals) (2nd Defendant) John Boyd (3rd Defendant) Representation: Counsel: C A Botsman (Plaintiffs) P O'Dowd (Defendants) Solicitors: Bridges Lawyers (Plaintiff) Walker Hedges & Co (Defendants) File Number(s): 2007/254735