Agricultural & Rural Finance Pty Ltd v Atkinson (No 3) [2014] NSWSC 1627

Supreme Court New South Wales

Medium Neutral Citation: Agricultural & Rural Finance Pty Ltd v Atkinson (No 3) [2014] NSWSC 1627 Hearing dates: 14 November 2014 Decision date: 20 November 2014 Jurisdiction: Equity Division Before: Ball J Decision: See para 29 of this judgment Catchwords: COSTS - where motion dismissed by consent before hearing - whether costs of motion payable in absence of hearing on the merits - unreasonableness of conduct COSTS - indemnity costs - whether failure to file further evidence on remitter and abandonment of defences before hearing unreasonable conduct or misconduct - whether scope of remitter so clear that defendants' opposition to plaintiff's proposed orders an abuse of process COSTS - where plaintiff's legal advisers have indirect interest in plaintiff company - whether costs order in favour of plaintiff will result in double recovery - whether parties should bear their own costs Legislation Cited: Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules (2005) (NSW), r 42.1 Cases Cited: Agricultural & Rural Finance Pty Ltd v Atkinson [2010] NSWSC 635 Agricultural & Rural Finance Pty Ltd v Atkinson [2014] NSWSC 948 Agricultural & Rural Finance Pty Ltd v Atkinson (No 2) [2014] NSWSC 1397 Ajkay v Hickey & Co Ltd [2011] NSWSC 822 Crawford v Oswald Park Pty Ltd [2006] NSWSC 1078 Harrison v Shipp [2001] NSWCA 13 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Lawrence v MD Nikolaidis & Co [2003] NSWCA 129; (2003) 57 NSWLR 355 One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Re One.Tel Ltd (in liq) [2011] NSWSC 1027 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Wardle v Agricultural & Rural Finance Pty Ltd [2012] NSWCA 388 Wardle v Agricultural & Rural Finance Pty Ltd (No 4) [2014] NSWCA 206 Category: Costs Parties: Agricultural & Rural Finance Pty Ltd (Plaintiff) Oceania Agriculture Ltd (Second Cross Defendant) Geoffrey Nevell Fredericksen (35th Defendant) Nicholas Charles Rowe (75th Defendant) Maria Francesca Russo (78th and 189th Defendant) David James Wardle (95th Defendant) Jennifer Dianne Wallace (124th Defendant) Franco Giannuzzi (149th Defendant) Gavin Winston Long (172nd Defendant) Representation: Counsel: CJ Bevan (Plaintiff) Ms A Tsekouras (35th, 75th, 78th, 95th, 124th, 149th, 172nd and 189th Defendants) Ms A Gallego (Solicitor) (Second Cross Defendant) Solicitors: Evangelos Patakas & Associates (Plaintiff) Abadee Dresdner & Freeman Pty Ltd (35th, 75th, 78th, 95th, 124th, 149th, 172nd and 189th Defendants) Condon & Associates (Second Cross Defendant) File Number(s): 2003/92819 Publication restriction: Nil