Jana Pty Ltd atf Azizi Family Trust & Anthony Azizi v Ezistripdemo Pty Ltd & Sam Sharan [2017] NSWSC 1286

Supreme Court New South Wales

Medium Neutral Citation: Jana Pty Ltd atf Azizi Family Trust & Anthony Azizi v Ezistripdemo Pty Ltd & Sam Sharan [2017] NSWSC 1286 Hearing dates: On the papers Date of orders: 22 September 2017 Decision date: 22 September 2017 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See [22] Cases Cited: Abigroup Limited v Sandtara Pty Limited [2002] NSWCA 45 Jana Pty Ltd atf Azizi Family Trust & Anthony Azizi v Ezistripdemo Pty Ltd & Sam Sharan [2017] NSWSC 1135 Joseph Taouk v Assure (NSW) Pty Ltd [2017] NSWSC 778 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 Category: Costs Parties: Jana Pty Ltd ATF Azizi Family Trust (First Plaintiff) Anthony Azizi (Second Plaintiff)

Ezistripdemo Pty Ltd (First Defendant) Sam Sharan (Second Defendant) Representation: Counsel: M Jones SC, D Hughes (Plaintiffs/Cross Defendants) S Balafoutis, R A Jedrzejczyk (Defendants/Cross Claimants)

Solicitors: Colin Biggers & Paisley (Plaintiffs/Cross Defendants) C G Gillis & Co (Defendants/Cross Claimants) File Number(s): 2017/192006 Publication restriction: n/a

Judgment

Background 1. In these proceedings I delivered judgment on 29 August 2017; Jana Pty Ltd atf Azizi Family Trust & Anthony Azizi v Ezistripdemo Pty Ltd & Sam Sharan [2017] NSWSC 1135. 2. The Defendants were successful. Orders were made on 1 September 2017 dismissing the Plaintiffs' Summons. The only question outstanding is the question of costs. 3. The Defendants seek an order the Plaintiffs pay the Defendants' costs of the proceedings, including the Cross-Claim, on an indemnity basis. The basis for the indemnity costs order is clause 15.2 of the Nomination Deed entered into between the parties on 27 January 2017. 4. The Plaintiffs accept costs ought to follow the event, but oppose the application for indemnity costs.