Newell; Muriniti v De Costi [2018] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Newell; Muriniti v De Costi [2018] NSWCA 49 Hearing dates: 10 and 11 July 2017 Decision date: 20 March 2018 Before: Beazley P at [1]; Gleeson JA at [241]; White JA at [242] Decision: (1) To the extent required, grant leave in each proceeding to the applicant to appeal from the orders.

(2) In each proceeding, appeal allowed in part.

(3) In each proceeding, cross-appeal dismissed.

(4) Declare that the appellant in proceedings 2016/385849, Mr Newell, is liable to indemnify the respondents in respect of the costs incurred by the respondents by reason of:

(a) the joinder of the fifth respondent as cross-defendant;

(b) the filing or service of more than three versions of the cross-claim;

(c) the failure to reduce the evidence in the various affidavits of Mr Wachtenheim to one affidavit or to at least many fewer affidavits than those served;

(d) the making, deployment, submissions, and hearing in respect of the illegal tape recording that was the subject of the second judgment: De Costi Seafoods (No 2) including the costs of the application dealt with in De Costi Seafoods (No 2);

(e) the failure to discover correspondence between Mr Newell, Mr Muriniti and Mr Shnider;

(f) the affidavit of Mr Ng;

(g) the allegations of impropriety against Mr Thorpe;

(h) the allegations of impropriety that the respondents obtained a misleading affidavit from Mr Shnider and Mr Shnider's evidence.