Ryde Ex Services Memorial and Community Club Ltd v Kaloriziko Ryde Pty Ltd (No 2) [2018] NSWSC 317

Supreme Court New South Wales

Medium Neutral Citation: Ryde Ex Services Memorial and Community Club Ltd v Kaloriziko Ryde Pty Ltd (No 2) [2018] NSWSC 317 Hearing dates: 12 March 2018 Date of orders: 12 March 2018 Decision date: 12 March 2018 Jurisdiction: Equity Before: Parker J Decision: Plaintiff ordered to pay costs of first and second defendant of the proceedings, so far as they are solely referable to the second defendant's role as guarantor for the first defendant.

Plaintiff ordered to pay costs of third defendant of the proceedings. Catchwords: CIVIL PROCEDURE – costs – discontinuance of proceedings – multiple defendants – review by the Court pursuant to UCPR r 42.19(2) – where only claim against the second defendant is in his capacity as guarantor for the first defendant – whether the Court should depart from the ordinary rule – plaintiff required to pay costs of second defendant, so far as they solely relate to second defendant's role as guarantor Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.19(2) Cases Cited: Ryde Ex Services Memorial and Community Club Ltd v Kaloriziko Ryde Pty Ltd [2017] NSWSC 1576 Category: Costs Parties: Ryde Ex Services Memorial and Community Club Ltd (Plaintiff) Kaloriziko Ryde Pty Ltd (First Defendant) Greg Gav (Second Defendant) Marwan Chanine (Third Defendant) Representation: Counsel: AMB Cornish (Plaintiff) GP Gee (First and Second Defendant) C Nehme (Third Defendant)

Solicitors: Hicksons Lawyers (Plaintiff) Blackstone Waterhouse Lawyers (First and Second Defendant) Fortis Law Group (Third Defendant) File Number(s): 2017/230385 Publication restriction: Nil