Chapel Road Pty Limited v Australian Securities Investments Commission (No 11) [2014] NSWSC 636

Supreme Court New South Wales

Medium Neutral Citation: Chapel Road Pty Limited v Australian Securities Investments Commission (No 11) [2014] NSWSC 636 Hearing dates: 2 May 2014 Decision date: 22 May 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Subject to the costs orders already made in the proceedings in favour of the Plaintiff, the Plaintiff otherwise pay the Defendant's costs of the proceedings, as agreed or assessed. 2. The Plaintiff pay interest at the prescribed rate on any amount payable under an order for the payment of the costs made in the proceedings, from the date on which each such payment was made. 3. Mr Anthony Ronald Bennett be jointly and severally liable with the Plaintiff to pay such costs, and interest on those costs, to the extent of his resources. 4. The security for the Defendant's costs deposited with, and held by, the Registrar of the Supreme Court of New South Wales in the sum of $175,000 be released to the Defendant. Catchwords: COSTS - indemnity costs order sought - security to be released to defendant - Calderbank offer - whether rejection of offer was unreasonable - interest - orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (formerly GIO Insurance Limited) & Ors [2006] NSWSC 583 Chapel Road Pty Limited v Australian Securities Investments Commission (No 10) [2014] NSWSC 346 Chapel Road v ASIC (No 2) [2007] NSWSC 975; Aust Torts Reports 81-912 DSG Holdings Australia Pty Ltd v Helenic Pty Ltd (No 2) [2014] NSWCA 142 GM Holden Ltd v Paine (No 3) [2011] FCA 693 Kemp v Ryan & Anor [2012] ACTCA 12 Hazeldene's Chicken Farm Pty Ltd v WorkCover Authority (No 2) [2005] 13 VR 435; (2005) VSCA 298 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd [1995] FCA 1492 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Rickard Constructions v Rickard Hails Moretti & Ors [2005] NSWSC 481 SMEC Testing Services Pty Ltd v Campbelltown City Counsel [2000] NSWCA 323 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188; (2013) 84 NSWLR 311 Category: Costs Parties: Chapel Road Pty Limited (Plaintiff) Australian Securities Investments Commission (Defendant) Representation: Counsel: Mr A Black SC (Plaintiff) Mr JR Clarke SC (Defendant) Solicitors: Creagh & Creagh (Plaintiff) Ashurst Australia (Defendant) File Number(s): 2006/266784 Publication restriction: None