In the matter of North Coast Transit Pty Ltd [2014] NSWSC 268

Supreme Court New South Wales

Medium Neutral Citation: In the matter of North Coast Transit Pty Ltd [2014] NSWSC 268 Hearing dates: 2 December 2013; written submissions as to costs 6, 7, 17 and 19 February 2014 Decision date: 17 March 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for leave to be granted to eighth to sixteenth defendants to rely on supplementary submissions. Eighth to sixteenth defendants to pay applicants costs of notice of motion filed 6 November 2013 on the ordinary basis as agreed or assessed, with costs to be payable forthwith. Relevant applicants to pay costs of eighth to sixteenth defendants of application for indemnity costs on ordinary basis as agreed or as assessed, with costs to be payable forthwith. Catchwords: PROCEDURE - costs - departing from the general rule - orders sought for further costs on indemnity basis - where relevant defendants' subpoena to produce was set aside - whether circumstances justify order for costs on indemnity basis. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 56, 98 - Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.2 Cases Cited: - Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225; 118 ALR 248 - Fountain Selected Meats (Sales) v International Product Merchants (1988) 81 ALR 397 - Hamod v State of New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 - Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 - In the matter of North Coast Transit Pty Limited [2013] NSWSC 1912 - Lahoud v Lahoud [2006] NSWSC 126 - Liverpool City Council v Estephan [2009] NSWCA 161 - Ng v Chong [2010] NSWSC 127 - Ragata Developments Pty Ltd v Westpac (1993) 217 ALR 175 - White Constructions (ACT) Pty Ltd (in liq) v White [2004] NSWSC 303 Category: Costs Parties: North Coast Transit Pty Ltd (First Plaintiff) George Mahendra Tisseverasinghe (Second Plaintiff) Busways Blacktown Pty Ltd (First Defendant) Busways Campbelltown Pty Ltd (Second Defendant) Busways Camden Pty Ltd (Third Defendant) Keentell Pty Ltd (Fourth Defendant) Busways Gosford Pty Ltd (Fifth Defendant) Busways North Coast Pty Ltd (Sixth Defendant) Busways Group Pty Ltd (Seventh Defendant) Busways East Pty Ltd (Eighth Defendant) Transit Nominees Pty Ltd (Ninth Defendant) Bhaajayu Pty Ltd (Tenth Defendant) South Pty Ltd (Eleventh Defendant) Gabate Pty Ltd (Twelfth Defendant) Verugu Pty Ltd (Thirteenth Defendant) Richard Mark Rowe (Fourteenth Defendant) Stephen Grant Rowe (Fifteenth Defendant) Richard William Rowe (Sixteenth Defendant) Transit (NSW) Liverpool Pty Ltd (Applicant) Transport for NSW (Applicant) ComfortDelGro Cabcharge Pty Ltd, Hillsbus Co Pty Ltd, Neville's Bus Service Pty Ltd and Ingleburn Bus Service Pty Ltd (Applicants) Representation: Counsel: S Ipp (Plaintiffs) S Robertson/L. Corbett (Eighth to Sixteenth Defendants) C N Bova (Transit NSW) Liverpool Pty Limited) J A Steele (Transport for NSW) R Lancaster SC/S Fendekian (ComfortDelGro Cabcharge Pty Ltd, Hillsbus Co Pty Ltd, Neville's Bus Service Pty Ltd and Ingleburn Bus Service Pty Ltd) Solicitors: Malouf Solicitors (Plaintiff) HWL Ebsworth (Eighth to Sixteenth Defendants) Corrs Chambers Westgarth (Transit (NSW) Liverpool Pty Ltd) Norton Rose Fulbright (Transport for NSW) Piper Alderman (ComfortDelGro Cabcharge Pty Ltd, Hillsbus Co Pty Ltd, Neville's Bus Service Pty Ltd and Ingleburn Bus Service Pty Ltd) File Number(s): 2013/202580