Singtel Optus v Almad [2013] NSWSC 1961

Supreme Court New South Wales

Medium Neutral Citation: Singtel Optus v Almad [2013] NSWSC 1961 Hearing dates: 12/12/2013 Decision date: 12 December 2013 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Judgment for plaintiffs against third defendant. Declare that second defendant holds on trust for plaintiffs the amount ordered to be paid by it to them. Order plaintiffs to pay first defendant's costs. Order second to fifth defendants to pay some but not all of plaintiffs' costs. Order cross-defendant to pay cross-claimant's costs. Stay judgments until 17 February 2014. Catchwords: COSTS - where plaintiff abandoned several issues - where not shown that abandoned issues improperly raised

COSTS - expert report - where expert report not admitted into evidence Cases Cited: Huntsman Chemical Company Australia Limited v International Pools Australia Limited (1995) 36 NSWLR 242 Ragata Developments Pty Limited v Westpac Banking Corporation (1993) 217 ALR 175 Texts Cited: Young, Croft and Smith, on Equity (Lawbook Co, 2009) Category: Procedural and other rulings Parties: Singtel Optus Pty Ltd (First Plaintiff) Optus Networks Pty Ltd (Second Plaintiff) Optus Administration Pty Ltd (Third Plaintiff) Almad Pty Ltd (First Defendant) Sumo Distribution and Storage Pty Ltd (Second Defendant) Leon Mark Curtis (Third Defendant) Craig Hasler (Fourth Defendant) PJC333 Pty Limited (Fifth Defendant) Representation: Counsel: J Stoljar SC / DJA Mackay (Plaintiffs) BW Rayment QC / J T Johnson / IJ King (First, Third, Fourth and Fifth Defendants) Second Defendant (Unrepresented) Solicitors: Minter Ellison (Plaintiffs) MCW Lawyers (First, Third, Fourth and Fifth Defendants) Second Defendant (Unrepresented) File Number(s): 2011/139541