Jingalong Pty Ltd v Todd & Anor [2016] NSWSC 715

Supreme Court New South Wales

Medium Neutral Citation: Jingalong Pty Ltd v Todd & Anor [2016] NSWSC 715 Hearing dates: 9 March 2016 Decision date: 06 June 2016 Jurisdiction: Equity Before: White J Decision: 1. Order that the plaintiff pay the defendants' costs of the proceedings after 12 March 2013 on the ordinary basis, other than costs of and incidental to the hearing on 9 March 2016. 2. Refuse the first defendant's application that the second defendant pay its costs. 3. Order that the first and second cross-claims be dismissed. 4. Order that the first defendant pay the second defendant's costs of and incidental to the hearing on 9 March 2016. Catchwords: PRACTICE AND PROCEDURE — costs — conduct of first defendant brought about the litigation — settlement agreement reached between the parties — defendants ready and willing to perform obligations under settlement agreement — plaintiff failed to perform obligations under settlement agreement — settlement agreement not completed — plaintiff to pay defendants' costs of the proceedings after the date of the settlement agreement — first defendant to pay second defendant's costs of the hearing on costs Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Jingalong Pty Limited v Todd [2015] NSWCA 7 Neeta (Epping) Pty Ltd v Phillips [1974] HCA 18; 131 CLR 286 Jingalong Pty Ltd v Todd [2016] NSWCA 131 Ritter v Godfrey [1920] 2 KB 47 Donald Campbell & Co Ltd v Pollack [1927] AC 732 Category: Costs Parties: Gregory George Todd (Plaintiff) Jingalong Pty Limited (1st Defendant) Brett Pernice (2nd Defendant) Representation: Counsel: C Ward SC with S Kanagaratnam (1st Defendant) A Moutasallem (2nd Defendant)