JJES Pty Ltd v Sayan (No 2) [2014] NSWSC 975

Supreme Court New South Wales

Medium Neutral Citation: JJES Pty Ltd v Sayan (No 2) [2014] NSWSC 975 Hearing dates: 04 July 2014 Decision date: 04 July 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)I revoke order 2 pronounced on 8 May 2014 and, in its place, order the plaintiff to pay the defendant's costs of and incidental to the proceedings on the ordinary basis up to 2 February 2012 and thereafter on an indemnity basis, forthwith after they had been agreed or assessed. (2)Under section 98(1) Civil Procedure Act 2005, I order Emily Navaei to pay the defendant's costs of the proceedings forthwith after they have been agreed or assessed on the ordinary basis up to 2 February 2012 and on an indemnity basis thereafter. (3)Satisfaction of either of order 1 or 2 discharges the other pro tanto. Catchwords: COSTS - non party costs order - when non party costs order against director appropriate Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26 and 42.15A Cases Cited: FPM Constructions v Council of City of Blue Mountains [2005] NSWCA 340; Knight v FP Special Assets Ltd (1992) 174 CLR 178; Leichhardt Municipal Council v Green [2004] NSWCA 341; May v Christodoulou [2011] NSWCA 75; (2011) 80 NSWLR 462 Category: Costs Parties: JJES Pty Ltd (Plaintiff) Hakki Sayan (Defendant) Emily Navaei (Respondent) Representation: Counsel: J Jobson (Respondent) D Priestley (Defendant) Solicitors: DLA Piper (Defendant) File Number(s): 2011/125034