Greenacre Business Park Pty Ltd & Ors v Deliver Australia Pty Ltd [2014] NSWSC 1646

Supreme Court New South Wales

Medium Neutral Citation: Greenacre Business Park Pty Ltd & Ors v Deliver Australia Pty Ltd [2014] NSWSC 1646 Hearing dates: 17 November 2014 Decision date: 17 November 2014 Jurisdiction: Equity Division Before: White J Decision: Order that Nicholas Heath pay the plaintiffs' costs in the sum of $187,173. Catchwords: COSTS - indemnity costs - gross sum costs orders - costs orders against non-parties - application for gross sum costs order against non-party director of defendant company now in liquidation - where director responsible for defendant company's raising defence and cross-claim based on matters he knew were untrue - application granted subject to reduction to reflect contingency of reduction of costs on assessment Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 May v Christodoulou [2011] NSWCA 75; (2011) 80 NSWLR 462 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Category: Costs Parties: Greenacre Business Park Pty Ltd (1st Plaintiff) Samstone Pty Ltd (2nd Plaintiff) H & H Enterprises Pty Ltd (3rd Plaintiff) Deliver Australia Pty Ltd (Defendant) Representation: Counsel: R McKeand SC (Plaintiff) S Jones, solicitor (Liquidator) Solicitors: Simon Diab & Associates (Plaintiff) File Number(s): 2012/189729