Sydney Markets Credit Services Co-operative Ltd v Taylor (No. 3) [2015] NSWSC 1236

Supreme Court New South Wales

Medium Neutral Citation: Sydney Markets Credit Services Co-operative Ltd v Taylor (No. 3) [2015] NSWSC 1236 Hearing dates: 16 June 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Equity Before: Slattery J Decision: Order that the unsuccessful party pay 40 per cent of the successful party's costs of the proceedings. Catchwords: COSTS - whether costs should follow the event – two proceedings heard together – plaintiff in the first proceedings is successful against defendants including the plaintiff in the second proceedings – plaintiff in the first proceedings amended its Summons shortly before hearing – whether the plaintiff in first proceedings should have all its costs both before and after the pleading amendment. Cases Cited: Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 Bonic v Pacific General Securities Ltd [2009] NSWSC 1221 Ciaglia v Ciaglia [2010] NSWSC 723 David v Abdishou [2007] NSWSC 890 Latoudis v Casey (1990) 170 CLR 54 Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No.2) [2007] NSWSC 568 Murrihy v Radio 2UE Sydney Pty Ltd [2000] NSWSC 318 Sydney Markets Credit Services Co-operative Ltd v Taylor [2014] NSWSC 754 Sydney Markets Credit Services Co-operative Ltd v Taylor (No.2) [2015] NSWSC 499 Category: Costs Parties: (2012/275063) Plaintiff: A.C.N. 123 849 883 Pty Limited First Defendant: Barry Taylor as trustee of the bankrupt estate of Natale Pisciuneri Second Defendant: Ferdinando Pisciuneri (estate of the late Ferdinando Pisciuneri) Third Defendant: Sydney Markets Credit Services Co-Operative Limited