Ian Huntly Philip v JPM Developments Pty Ltd [2015] NSWSC 495

Supreme Court New South Wales

Medium Neutral Citation: Ian Huntly Philip v JPM Developments Pty Ltd [2015] NSWSC 495 Hearing dates: 29 April 2015 Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction: Equity Division - Expedition List Before: Sackar J Decision: See [11], [27] Catchwords: PRACTICE AND PROCEDURE – declaratory relief – form of orders – discretionary considerations – basis on which trial conducted – focus of the relief

COSTS – costs against non-party – factors to be taken into account – whether party a "man of straw" – interest of non-party in proceedings – discretionary considerations Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Knight v FP Special Assets Limited (1992) 174 CLR 178 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Texts Cited: n/a Category: Procedural and other rulings Parties: Ian Huntly Philip & Ors - plaintiffs JPM Developments Pty Ltd - defendant Representation: Counsel: J M Hennessey SC - plaintiffs A Casselden - defendant

Solicitors: Allens Linklaters - plaintiffs Bradbury Lawyers - defendant File Number(s): 2014/312093 Publication restriction: n/a

Judgment 1. I gave judgment in this matter on 6 March 2015. There are two issues that have arisen. The first is the appropriate declaratory and injunctive orders in light of my judgment. The second is a claim that Mr Maharaj, the sole director and shareholder of the defendant, be responsible for the costs of the litigation in the event the defendant is unable to pay. The defendant accepts that as the unsuccessful party it should pay the costs on an ordinary basis.