Getex Pty Limited v Reed Business Information Pty Limited and ors [No 2] [2013] NSWSC 1271

Supreme Court New South Wales

Medium Neutral Citation: Getex Pty Limited v Reed Business Information Pty Limited and ors [No 2] [2013] NSWSC 1271 Hearing dates: Written submissions dated 2 September 2013 Decision date: 06 September 2013 Before: Bellew J Decision: 1.The second defendant is to pay the plaintiff's costs of the appeal, as agreed or assessed; 2.The second defendant, if qualified, is to be granted a certificate pursuant to the Suitors Fund Act 1951 in respect of the costs in (1) above; 3.The plaintiff is to pay the second defendant's costs of the cross-appeal, as agreed or assessed; 4.The plaintiff, upon satisfactory proof that it has a paid up share capital of less than $200,000.00, is to be granted a certificate pursuant to the Suitors Fund Act 1951, in respect of the costs in (3) above; 5.The costs of the entirety of the proceedings in the Local Court are to be at the discretion of the Magistrate. Catchwords: COSTS - where plaintiff successful on appeal from decision of Magistrate - where second defendant successful on cross -appeal - where proceedings remitted for further determination by the Magistrate - whether plaintiff entitled to the entirety of the costs of the appeal - whether the costs of the proceedings in the Local Court should follow the event of the further hearing Legislation Cited: Suitor's Fund Act 1951 Cases Cited: Brittain v Commonwealth (No. 2) [2004] NSWCA 427 Brownlie v Overend [1979] VR 283 Getex Pty Limited v Reed Business Information Pty Limited and ors [2013] NSWSC 1161 Jones v Richards (1899) 15 TLR 398 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15\ Stewart v McKinley (1885) 11 VLR 802 Category: Costs Parties: Plaintiff - Getex Pty Limited 1st defendant - Reed Business Information Pty Limited 2nd defendant - Jason North 3rd defendant - Local Court of New South Wales Representation: Mr A Blank - Plainitff Mr B Ilkovski - 2nd Defendant Horowitz and Bilinsky – Plaintiff Toomey Pegg – 2nd Defendant File Number(s): 2012 / 157814 Publication restriction: Nil Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-04-20 00:00:00 Before: Magistrate Gilmour