Bayton Cleaning Co Pty Ltd v Woods (No 2) [2015] NSWSC 443

Supreme Court New South Wales

Medium Neutral Citation: Bayton Cleaning Co Pty Ltd v Woods (No 2) [2015] NSWSC 443 Hearing dates: On the papers Date of orders: 23 April 2015 Decision date: 23 April 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: The Court orders:

(1) the Plaintiff's and the First Defendant's costs of the Plaintiff's notice of motion dated 11 July 2014 be costs in the cause;

(2) the Second Defendant pay 70% of the Plaintiff's costs of its notice of motion dated 11 July 2014 and its amended notice of motion filed 30 March 2015 referable to the Second Defendant, such costs not to include the costs of the substantiation audit conducted by Mr Ross Murray Jenkin and the costs of the preparation of his affidavit sworn 16 February 2015. Catchwords: COSTS – notice for summary judgment – whether circumstances warrant a departure from general rule that costs follow event – no question of principle. Cases Cited: - Bayton Cleaning Co Pty Ltd v Woods [2015] NSWSC 369 ("Bayton (No 1)") - Murrihy v Radio 2UE Sydney Pty Ltd [2000] NSWSC 318 - Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118 Category: Costs Parties: Bayton Cleaning Co Pty Ltd – Plaintiff Richard Woods – First Defendant RAM Nominees Pty Ltd – Second Defendant Representation: Counsel: J. Young, S. Lipp - Plaintiff S. Hartford-Davis - Defendants

Solicitors: DPR Legal - Plaintiff Piper Alderman - Defendants File Number(s): 2014/130441 Publication restriction: Nil