Stonewall Hotel Pty Ltd v Papantoniou (No 2) [2017] NSWSC 1152

Supreme Court New South Wales

Medium Neutral Citation: Stonewall Hotel Pty Ltd v Papantoniou (No 2) [2017] NSWSC 1152 Hearing dates: On the papers Date of orders: 29 August 2017 Decision date: 29 August 2017 Jurisdiction: Equity Before: Darke J Decision: Orders made as set out in paragraph 21. Catchwords: JUDGMENTS AND ORDERS – form of orders – plaintiff found to have validly exercised options to renew lease – plaintiff proposes detailed orders to facilitate rent review and preparation of new lease – whether making of orders would constitute impermissible re-writing of lease – inappropriate to make orders sought

COSTS – costs of discrete and separate issues – where some defendants contested first issue and other defendants contested second issue – where first issue settled without determination on the merits – appropriate for each party to bear its own costs of first issue – appropriate for unsuccessful defendants to pay plaintiff's costs of second issue Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Stonewall Hotel Pty Ltd v Papantoniou [2017] NSWSC 964 Category: Costs Parties: Stonewall Hotel Pty Ltd (Plaintiff) John Papantoniou (First Defendant) Aristotelis Papantoniou (Second Defendant) Stella Papantoniou (Third Defendant) Efthemia Papantoniou (Fourth Defendant) Representation: Counsel: Mr S Philips (Plaintiff) Mr J R B Pearson (First and Third Defendants) Mr M W Sneddon (Second and Fourth Defendants)