Citigroup Pty Limited v Middling (No.2) [2014] NSWSC 651

Supreme Court New South Wales

Medium Neutral Citation: Citigroup Pty Limited v Middling (No.2) [2014] NSWSC 651 Hearing dates: On the papers Decision date: 22 May 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the defendant to pay the plaintiff's and the first cross-defendant's costs occasioned by and thrown away by the amendment, including the costs of the hearing on 22 and 23 April 2014 and the costs of the adjournment of the hearing of the matter, on an indemnity basis. (2) Stand over the question whether Mr Quy and Mr Elliott ought pay the plaintiff's and the first cross-defendant's costs occasioned by and thrown away by the amendment, including the costs of the hearing on 22 and 23 April 2014 and the costs of the adjournment of the hearing of the matter, on an indemnity basis before me until after the determination or other resolution of the substantive proceedings or further order. (3) Grant liberty to restore the matter before me for determination of this question when the circumstances set out in (2) above have arisen. Catchwords: COSTS - question whether personal costs order ought be made against defendant's legal representatives ought be reserved until the determination of the proceedings - position where matters of a privileged nature would need to be disclosed to the potential prejudice of one party - whether it is desirable for judge to review such privileged material without disclosing it to the other party - desirability of judge who heard oral evidence on adjournment application determining question rather than trial judge Cases Cited: Citigroup Pty Limited v Middling [2014] NSWSC 474 Category: Costs Parties: Citigroup Pty Limited (Plaintiff/2nd Cross Defendant) Dennis James Middling (Defendant/Cross-Claimant) Perpetual Trustees Victoria Limited (First Cross-Defendant) Representation: Counsel: AR Vincent (Plaintiff) S Wheelhouse SC/D Elliott (Defendant/Cross-Claimant) M Ashhurst SC/P Newton (First Cross-Defendant) Solicitors: Norton Rose Fulbright Australia (Plaintiff/2nd Cross Defendant) Quy Lawyers (Defendant/Cross-Claimant) Kemp Strang (First Cross-defendant) File Number(s): 2013/47580 Publication restriction: Nil