RinRim Pty Ltd v Deutsche Bank AG (Costs) [2016] NSWSC 1510

Supreme Court New South Wales

Medium Neutral Citation: RinRim Pty Ltd v Deutsche Bank AG (Costs) [2016] NSWSC 1510 Hearing dates: On the papers Date of orders: 02 November 2016 Decision date: 02 November 2016 Jurisdiction: Equity - Commercial List Before: Bergin CJ in Eq Decision: Plaintiff to pay the defendant's costs of the proceedings. Those costs are to be payable on an indemnity basis from 14 July 2016. Catchwords: COSTS – where plaintiff's director's evidence was knowingly untrue at the time of his cross-examination – whether costs should be awarded on an indemnity basis Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Cases Cited: Colgate–Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Lee v Mavaddat [2005] WASC 68 RinRim Pty Ltd v Deutsche Bank AG [2016] NSWSC 1377 Southern Cross Mine Management Pty Ltd v Ensham Resources (2006) 196 FLR 419 Thors v Weekes (1989) 92 ALR 131 Category: Costs Parties: RinRim Pty Ltd (Plaintiff) Deutsche Bank AG, Sydney Branch (1st Defendant) Credit Suisse (Australia) Limited (2nd Defendant) CIMB Capital Markets (Australia) Limited (3rd Defendant) Primary Health Care Limited (4th Defendant) Representation: Counsel: LV Gyles SC/SA Lawrance/H Chiu (Plaintiff) AS Bell SC/A Shearer (1st to 3rd Defendants) IM Jackman SC/DFC Thomas (4th Defendant)