Krupace Holdings Pty Limited v China Hotel Investments Pty Ltd [2018] NSWSC 276

Supreme Court New South Wales

Medium Neutral Citation: Krupace Holdings Pty Limited v China Hotel Investments Pty Ltd [2018] NSWSC 276 Hearing dates: 24 August 2017, 19 October 2017 Date of orders: 07 March 2018 Decision date: 07 March 2018 Jurisdiction: Equity Before: Robb J Decision: Plaintiff to pay the costs of the second to seventh defendants of the hearing on 24 August 2017 and the costs of conducting the costs argument Catchwords: COSTS — Party/Party — Court's discretion — whether Plaintiff should pay the costs of hearing wasted in consequence of changing the nature of the case — hearing wasted because of application by Plaintiff that the matter proceed on pleadings — whether plaintiff should pay the costs of conducting the costs argument Category: Costs Parties: Krupace Holdings Pty Limited (plaintiff) China Hotel Investments Pty Limited (first defendant) Staywell Hospitality Group Pty Limited (second defendant) Six Star Capital Pty Limited (third defendant) Kardina Real Estate Inc (fourth defendant)\ Richard Doyle (fifth defendant) Simon Wan (sixth defendant) Bal Sohal (seventh defendant) Representation: Counsel: AM Hochroth (plaintiff) R Scruby (second to seventh defendants)

Solicitors: Squire Patton Boggs (plaintiff) Webb Henderson (second to seventh defendants) File Number(s): 2017/249958

Judgment 1. This is an application for costs made on behalf of the second to seventh defendants. During the hearing of this matter on 24 August 2017 the plaintiff sought an order that the matter proceed on pleadings. It also sought an order that one part of its case be determined as a separate question on that day. I ordered the matter to proceed on pleadings but declined to order the determination of a separate question. The second to seventh defendants sought an order for costs in their favour. I have decided to make that order and this judgment explains my reasons for doing so.