Cam & Bear Pty Ltd v McGoldrick (No 2) [2017] NSWSC 789

Supreme Court New South Wales

Medium Neutral Citation: Cam & Bear Pty Ltd v McGoldrick (No 2) [2017] NSWSC 789 Hearing dates: Written Submissions Date of orders: 19 June 2017 Decision date: 19 June 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Vacate Order 2 of the Orders issued on 3 May 2017;

(2) In lieu thereof, the Court orders: (a) Each party shall bear its or his own costs. Catchwords: COSTS – ordinary rule that costs follow the event – discretion to be exercised judicially – defendant was auditor – exceptional circumstances – defendant successful on causation only – defendant found to have breached duty of care and to have issued misleading and deceptive statements by virtue of audit – defence that no relevant duty not reasonably available – also defence of no breach where Court determined significant and serious breach – causation an insignificant aspect of proceedings – no order as to costs. Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Cam & Bear Pty Ltd v McGoldrick [2016] NSWSC 1894 Calderbank v Calderbank [1975] 3 All ER 333 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 The Anderson Group Pty Ltd v Tynan Motors Pty Ltd (No 2) (2006) 67 NSWLR 706; [2006] NSWCA 120 Category: Costs Parties: Cam & Bear Pty Ltd ACN 139 844 741 (Plaintiff) John McGoldrick (Defendant) Representation: Counsel: G Drew / C Lee(Plaintiff) P A Horvath / N Oreb (Defendant)