In the matter of Anne Lewis Pty Limited [2013] NSWSC 1992

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Anne Lewis Pty Limited [2013] NSWSC 1992 Hearing dates: 28 November 2013 Decision date: 28 November 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that defendants pay plaintiff's costs of and incidental to relisting the matter before the Chief Judge on 26 August 2013, including the costs of that day and the costs of endeavouring to secure compliance with the order after 20 August 2013, and that otherwise there be no order as to costs to the intent that each party bear its own costs. Order that the balance of the summons be otherwise dismissed. Catchwords: COSTS - order made for production of documents - where plaintiff substantially succeeded against the first defendant but failed against the second through eighth defendants - rather than complication of an order against the first defendant and then for the second through eighth defendants, practical justice is done by making no order as to the costs of the substantive proceedings - appropriate to order defendants to pay plaintiff's costs of and incidental to relisting of matter due to non-production of documents. Legislation Cited: (Cth) Corporations Act 2001 s 247A (NSW) Uniform Civil Procedure Rules 2005 r 5.3 Cases Cited: Harrison, Jones and Devlin Ltd v Union Bank of Australia [1910] HCA 44; (1910) 11 CLR 492 Johnson v Trotter [2006] NSWSC 67 Category: Costs Parties: Peter Lewis (plaintiff) Anne Lewis Pty Limited (and 8 others) (defendants) Representation: Counsel: S Loughnan (plaintiff) D Lloyd (defendants) Solicitors: Hennessey & Co (plaintiff) Rickard Lawyers (defendants) File Number(s): 2013/153602