Moustach Pty Ltd v Eddie Takchi [2015] NSWSC 2080

Supreme Court New South Wales

Medium Neutral Citation: Moustach Pty Ltd v Eddie Takchi [2015] NSWSC 2080 Hearing dates: 24 November 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Costs order made. Catchwords: PROCEDURE – costs – indemnity costs – where costs order already made but indemnity costs not sought at time – whether application can be made after conclusion of proceedings – where order not yet subject of costs assessment – effect of (NSW) Uniform Civil Procedure Rules 2005, r 42.2 – whether r 42.2 varies order already made or establishes basis of liability without affecting liability under order – operation of r 42.2 in empowering Court to make or reconsider costs orders before referral for assessment – reluctance of Court to entertain application altering previous orders where already subject of contest on same principles and where no change of circumstances – where defendants substantively entitled to indemnity costs. Legislation Cited: (NSW) Civil Procedure Act 2005, s 98(1), s 98(3), s 98(4) (NSW) Supreme Court Rules 1970, Pt 52A, r 5 (NSW) Uniform Civil Procedure Rules 2005, r 20.26, r 42.2 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Grace v Grace (No 9) [2014] NSWSC 1239 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 Lucantonio v Kleinert & Ors (Costs) [2011] NSWSC 1642 New South Wales Insurance Ministerial Corporation v Edkins (1998) 45 NSWLR 8 Roads and Traffic Authority of New South Wales, Council of the Shire of Evans & Pioneer Road Services Pty Ltd v Palmer (No 2) [2005] NSWCA 140 Category: Costs Parties: Moustach Pty Ltd (first plaintiff) Moussa Moussa (second plaintiff) Salima Moussa (third plaintiff) DMRJ Limited (third defendant) TBT Investments Pty Limited (fourth defendant) Representation: Counsel: D C Eardley (plaintiffs) J M Ireland (third and fourth defendants)