Equiti Capital Limited v Hewson [2015] NSWSC 1388

Supreme Court New South Wales

Medium Neutral Citation: Equiti Capital Limited v Hewson [2015] NSWSC 1388 Hearing dates: 18 September 2015 Decision date: 23 September 2015 Before: Ball J Decision: 1. The plaintiff pay the defendants' costs of the proceedings (including the costs of the plaintiff's motion filed on 24 August 2015 and the defendants' motion filed on 24 August 2015); 2. The plaintiff pay the defendants' costs of complying with the orders made on 6 February 2015. Catchwords: PROCEDURE – costs – costs of an application for preliminary discovery – where defendants offered to provide some of the categories of documents requested after the serving of additional evidence by the plaintiff and offer was accepted by the plaintiff – whether the defendants adopted an adversarial approach Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fortress Credit Corporation (Australia) Pty Ltd v William John Fletcher (as liquidator of Octaviar Administration Pty Ltd (in liq) (No 2) [2014] NSWSC 48 One.Tel Ltd v Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Procter v Kalivis (No 3) [2010] FCA 1194 Re Minister for Immigration & Ethnic Affairs (Cth) Ex Parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Steffen v ANZ Banking Group Ltd [2009] NSWSC 883 Category: Costs Parties: Equiti Capital Limited (ACN 146 641 634) (Plaintiff) John Hewson (First Defendant) Andrew Meakin (Second Defendant) Linden Toll (Third Defendant) Shartru Capital Group Pty Ltd (ACN 160 155 322) (Fourth Defendant) Representation: Counsel: M Condon SC (Plaintiff) A Cheshire (Defendants)