New Galaxy Investments Pty Ltd v Thomson & Ors (No 2) [2017] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New Galaxy Investments Pty Ltd v Thomson & Ors (No 2) [2017] NSWCA 235 Hearing dates: On the papers Decision date: 15 September 2017 Before: Basten JA, Gleeson JA, Sackville AJA Decision: 1. The appellant (NGI) pay 50 per cent of the costs of the first to tenth respondents (Vendors) of Supreme Court proceedings No 2014/228930 (Equity Division Proceedings), including the Vendors' costs of NGI's cross-claim against them, up to 21 August 2015 on the ordinary basis. 2. The Vendors pay 50 per cent of NGI's costs of the appeal, insofar as those costs concern the issues arising on the appeal between NGI and the Vendors, on the ordinary basis. 3. NGI pay the costs of the thirteenth respondent (Ms Lin) relating to NGI's cross-claim against her, up to 21 August 2015 on the ordinary basis. 4. NGI pay the costs of the eleventh respondent (GDI) of (a) NGI's cross-claim against GDI and (b) GDI's cross-claim against NGI, up to 21 August 2015 on the ordinary basis. 5. GDI and Ms Lin pay 50 per cent of NGI's costs of the appeal insofar as the costs concern the issues arising on the appeal between NGI (on the one hand) and GDI and Ms Lin (on the other) on the ordinary basis. 6. The costs of NGI and the twelfth respondent (MVGDD) in the Equity Division Proceedings, insofar as the costs concerned issues arising between NGI and MVGDD, be costs in MVGDD's cross-claim. 7. MVGDD pay NGI's costs of the appeal, limited to the costs directly associated with the issue of the indemnity costs order made by the primary Judge in favour of MVGDD against NGI, on the ordinary basis. Catchwords: COSTS – party/party – orders when proceedings involve multiple parties – appeals – costs where appeal succeeds in part Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Real Property Act 1900 (NSW), s 74P