DHR International Inc v Challis (No 5) [2016] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: DHR International Inc v Challis (No 5) [2016] NSWSC 761 Hearing dates: 18 May 2016 Decision date: 10 June 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The prosecutor, Mr Darren Challis, must pay the party/party costs of DHR International Inc of the proceedings before me, except for the effect of order 3. Such costs are to be payable forthwith. (2) The prosecutor, Mr Darren Challis, must pay the party/party costs of Mr David Hoffman of the proceedings before me, except for the effect of order 3. Such costs are to be payable forthwith. (3) Each of the three parties must pay his or its own costs of the proceedings before me of 18 May 2016. Catchwords: COSTS – indemnity costs – withdrawal of prosecution for criminal contempt against individual at hearing – whether opposing party is entitled to indemnity costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Abram v National Australia Bank [1997] NSWCA 7 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Colgate Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 DHR International Inc v Challis (No 3) [2016] NSWSC 492 Harkianakis v Skalkos (1997) 42 NSWLR 22 Huntsman Chemical Co Australia Ltd v International Pools Australia Pty ltd (1995) 36 NSWLR 242 Leichhardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 R v Dent [2016] NSWSC 444 Re SCA Properties Pty Ltd (in liq) [1999] QSC 180; (1999) 17 ACLC 1611 Category: Costs Parties: DHR International Inc (Plaintiff/Respondent) Darren George Challis (Defendant/Applicant) Representation: Counsel: R Gration (Plaintiff/Respondent) D Sibtain (Defendant/Applicant) P Horobin (Defendant/Applicant)