In the matter of Ikon Group Ltd (No 3) [2015] NSWSC 982

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Ikon Group Ltd (No 3) [2015] NSWSC 982 Hearing dates: 13 May 2015 Date of orders: 25 May 2015 Decision date: 25 May 2015 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: First and second defendants have liberty to proceed forthwith to assessment of costs referred to in order 2 of 25 May 2015. Catchwords: PROCEDURE – costs – application for stay of proceedings to refer dispute to arbitration under arbitration agreement – where stay application opposed by plaintiff – whether defendant entitled to indemnity costs – held, defendant not entitled to indemnity costs. Cases Cited: A v B [2007] EWHC 54 Ansett Australia Limited v Malaysian Airline System Berhad (No 2) [2008] VSC 156 John Holland Pty Limited v Kellogg Brown & Root Pty Ltd [No 2] [2015] NSWSC 564 Mio Art Pty Ltd v Mango Boulevard Pty Ltd and Ors (No 3) [2013] QSC 95 Pipeline Services WA Pty Ltd v ATCO Gas Australia Pty Ltd [2014] WASC 10 (S) University of Western Australia v Gray (No 28) [2010] FCA 586; (2010) 185 FCR 335 Category: Procedural and other rulings Parties: Ikon Group Limited (plaintiff) Ikon (Australia) Pty Limited (first defendant) Naser Taher (second defendant) Multitrade Financial Group Limited (third defendant) Yehya El-Taher (fourth defendant) Dominic Lim (fifth defendant) Representation: Counsel: M Condon SC w M Karram (plaintiff) P S Braham SC w K J Williams (first and second defendants) A d'Arville (fifth defendant)