SAB Closed 1 Pty Ltd v Bees & Honey Pty Ltd; Bees & Honey Pty Ltd v SAB Closed 1 Pty Ltd [2015] NSWSC 1162

Supreme Court New South Wales

Medium Neutral Citation: SAB Closed 1 Pty Ltd v Bees & Honey Pty Ltd; Bees & Honey Pty Ltd v SAB Closed 1 Pty Ltd [2015] NSWSC 1162 Hearing dates: 11 August 2015 Decision date: 12 August 2015 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: (1) The summons and cross-summons are dismissed. (2) Plaintiff to pay 80 per cent of the defendant's costs less $7,293.61. Catchwords: COSTS – assessment – defendant successful overall but unsuccessful on some issues – whether costs order should reflect partial success – whether defendant has adduced sufficient evidence to warrant a gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) – whether defendant should pay travel costs of a witness who was ultimately not required for cross-examination Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp [2002] NSWCA 213 SAB Closed 1 Pty Ltd v Bees & Honey Pty Ltd; Bees & Honey Pty Ltd v SAB Closed 1 Pty Ltd [2015] NSWSC 1019 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Walker Charlotte Street v Rio Tinto Services [2014] NSWSC 535 Category: Costs Parties: SAB Closed 1 Pty Ltd as trustee for The Sabbaba Newtown Unit Trust (Plaintiff/Cross-Defendant) Bees & Honey Pty Ltd as trustee for Bees and Honey Unit Trust (Defendant/Cross-Claimant) Representation: Counsel: E A J Hyde (Plaintiff/Cross-Defendant) A Blank (Defendant/Cross-Claimant)