Primary Agricultural Group Pty Ltd v Cowley [2017] NSWSC 74

Supreme Court New South Wales

Medium Neutral Citation: Primary Agricultural Group Pty Ltd v Cowley [2017] NSWSC 74 Hearing dates: 28 November 2016 Date of orders: 13 February 2017 Decision date: 13 February 2017 Jurisdiction: Equity Before: Kunc J Decision: Proportion of costs ordered to be paid on the indemnity basis and all costs payable forthwith Catchwords: COSTS – Whether costs thrown away by reason of amendments should be paid on the indemnity basis and forthwith – No issue of principle Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers (WA Branch) (No 2) (1993) 46 IR 301; [1993] FCA 70 Joseph Lahoud & Anor v Victor Lahoud & Ors [2006] NSWSC 126 Palace Films Pty Ltd v Fairfax Media Publications Pty Limited [2010] NSWSC 962 Ragata Developments Pty Ltd v Westpac Banking Corporation (1993) 217 ALR 175; [1993] FCA 72 Category: Costs Parties: Primary Agricultural Group Pty ltd (formerly R.M. Williams Agricultural Holdings Pty Ltd) (Receivers & Managers Appointed) ACN 136526531 (First Plaintiff) Labelle Welltree Pty Ltd (formerly R.M. Williams Agricultural Co. Beef Pty Ltd) (Receivers & Managers Appointed) (Second Plaintiff)

Kenneth Edward Cowley (First Defendant) Christopher Martin Jemmett (Second Defendant) David Vivian Pearse (Third Defendant) James Patrick Tucker (Fourth Defendant) Alan Robert Turner (Fifth Defendant) Hamish Andrew Turner (Sixth Defendant) ACE Insurance Limited (Seventh Defendant) Representation: Counsel: A Leopold SC and B. Koch (Plaintiffs) M Watson (Solicitor) (First Defendant and Sixth Defendant I Pike SC and RD Glasson (Second Defendant) V Otavski (Solicitor) (Fifth Defendant) EC Muston SC and M Newton (Seventh Defendant)