Chamberlain Early Learning Centre Pty Ltd v Chamberlain Group Pty Ltd & Ors [2016] NSWSC 322

Supreme Court New South Wales

Medium Neutral Citation: Chamberlain Early Learning Centre Pty Ltd v Chamberlain Group Pty Ltd & Ors [2016] NSWSC 322 Hearing dates: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Equity Before: White J Decision: 1. Order that the second defendant pay the plaintiff's costs of the proceedings, including the costs of the submissions concerning costs. 2. As between the plaintiff and the third defendant, make no order as to costs save in respect of the costs of the costs application. 3. In respect of the latter costs, order that the third defendant pay the plaintiff's costs. Catchwords: COSTS — Application for alternative costs order — Rule 42.20(1) Uniform Civil Procedure Rules 2005 — Plaintiff's proceedings dismissed against defendants save in relation to costs — Plaintiff achieved substantial success —Plaintiff acted reasonably in joining a company director as the second defendant where director responsible for the first defendant being in apparent contempt — Plaintiff acted reasonably in joining the incorrect corporate entity as the third defendant — Second defendant to pay plaintiff's costs of proceedings and submissions concerning costs — Third defendant to pay plaintiff's costs of the costs application Category: Costs Parties: Chamberlain Early Learning Centre Pty Ltd (Plaintiff) Chamberlain Group Pty Ltd (1st Defendant) Kheiralla Mourched (2nd Defendant) 4 Chamberlain Holdings Pty Ltd (3rd Defendant) Representation: Counsel: V Bedrossian (Plaintiff) S d'Arville (2nd Defendant) D C Eardley (3rd Defendant)