Amit Laundry Pty Ltd v Jain (No 2) [2017] NSWSC 1603

Supreme Court New South Wales

Medium Neutral Citation: Amit Laundry Pty Ltd v Jain (No 2) [2017] NSWSC 1603 Hearing dates: On the papers Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the defendant pay the plaintiff's costs on the ordinary basis of the interlocutory proceedings in this matter. 2. Other than the costs the subject of order 1, order that each party pay his or its own costs of the proceedings. Catchwords: COSTS – General rule that costs follow the event –Where plaintiff, defendant and third parties held entitled to interest under a purchase price resulting trust – Issues in the proceedings intertwined – Practical outcome of proceedings is that both parties failed in their principal contentions and each had a partial measure of success – Parties to bear own costs of final hearing; defendant to pay costs of interlocutory hearing Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Amit Laundry Pty Ltd v Jain [2017] NSWSC 1495 Bloch v Bloch (1981) 180 CLR 390; [1981] HCA 56 Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 James v Surf Road Nominees Pty Limited [No 2] [2005] NSWCA 29 Oshlack v Richmond River Council (1998) 193 CLR 72; [1988] HCA 11 Category: Costs Parties: Amit Laundry Pty Ltd (Plaintiff) Rajil Jain (Defendant) Representation: Counsel: JE Thomson with M Hall (Plaintiff) ATS Dawson SC with C Mitchell (Defendant)