Goldstein v Shyzi Pty Ltd (No 2) [2017] NSWSC 543

Supreme Court New South Wales

Medium Neutral Citation: Goldstein v Shyzi Pty Ltd (No 2) [2017] NSWSC 543 Hearing dates: On the papers Date of orders: 04 May 2017 Decision date: 04 May 2017 Jurisdiction: Equity Before: Darke J Decision: Orders that the first defendant pay the plaintiff's costs of the proceedings to date on an indemnity basis Catchwords: COSTS – indemnity costs – plaintiff obtained orders that it has rights as secured creditor under mortgage – plaintiff unsuccessful on other issues – where mortgage provides for defendant to pay plaintiff's costs on a full indemnity basis – whether Court should depart from general rule – whether Court should order indemnity costs in accordance with mortgage provision Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Goldstein v Shyzi Pty Ltd [2017] NSWSC 398 Kyabram Property Investments Pty Ltd v Murray [2006] NSWSC 54 Category: Costs Parties: Michael Goldstein (Plaintiff) Shyzi Pty Ltd (First Defendant) Australia and New Zealand Banking Group Ltd (Second Defendant) Representation: Counsel: Mr A Harding (Plaintiff) Mr B Lloyd (First Defendant) Mr M L Rose (Second Defendant)

Solicitors: Stevens Vuaran Lawyers (Plaintiff) Bartier Perry Solicitors (First Defendant) Dentons Australia Pty Ltd (Second Defendant) File Number(s): 2016/349685 Publication restriction: None