Cosmetic Laser Clinic Pty Ltd v Pirintji;; In the matter of Health and Beauty International Limited in Liquidation (No 2) [2015] NSWSC 1926

Supreme Court New South Wales

Medium Neutral Citation: Cosmetic Laser Clinic Pty Ltd v Pirintji;; In the matter of Health and Beauty International Limited in Liquidation (No 2) [2015] NSWSC 1926 Hearing dates: By way of written submissions Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The defendant in proceedings No 2011/363483 – Cosmetic Laser Pty Ltd v Steven Michael Pirintji is to pay the plaintiffs' costs of the further amended motion filed 21 August 2015 in those proceedings, as well as the plaintiffs' costs of the further amended notice of motion on an ordinary basis as agreed or assessed in equity proceedings No 2012/364677 - the matter of Health and Beauty International Limited in Liquidation.

(2) In equity proceedings No 2012/364677 - the matter of Health and Beauty International Limited in Liquidation leave is granted for the liquidator's costs of the further amended notice of motion to be assessed forthwith. Catchwords: COSTS – no point of principle - costs of motion for proceedings to be heard together – separate proceedings currently in equity division and common law division – motion refused – whether the rule that costs follow the event should be departed from – whether indemnity costs should be granted – whether it was unreasonable for the plaintiff not to resolve the motion before hearing – whether the costs of the plaintiffs in the equity proceedings should be assessed forthwith – where proceedings no longer connected Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cosmetic Laser Clinic Pty Ltd v Pirintji; In the matter of Health and Beauty International Limited in Liquidation [2015] NSWSC 1837 Fiduciary v Morningstar [2002] NSWSC 432 Leichhardt Municipal Council v Green [2004] NSWCA 341 Ohn v Walton (1995) 36 NSWLR 77 Category: Costs Parties: 2011/363483 Cosmetic Laser Clinic Pty Limited (First Plaintiff) Barodo Investments Pty Limited (Second Plaintiff) Steven Michael Pirintji (Defendant)