Management Services Australia Pty Ltd v PM Works Pty Ltd (No. 2) [2018] NSWSC 336

Supreme Court New South Wales

Medium Neutral Citation: Management Services Australia Pty Ltd v PM Works Pty Ltd (No. 2) [2018] NSWSC 336 Hearing dates: On the papers. Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: See at [61]. Catchwords: COSTS – general rule that costs follow the event – discussion of judicial discretion to otherwise order – discretion generally not to be exercised by reference to formal statement of issues in dispute – no reason to displace general principle

COSTS – defendants' offer of compromise – offer not accepted – where defendants better offer – where plaintiff has not demonstrated extra-ordinary circumstances displacing rule in UCPR 42.15A – indemnity costs awarded from date of offer of compromise

COSTS – defendants withdrew lengthy affidavits during course of hearing – where plaintiff incurred expenses in preparing and responding to those affidavits – defendants to pay plaintiff's associated costs

COSTS – application for third party costs order – whether principal should be made joint and severally liable for costs – where principal was person who directed litigation and stood to gain from it – insufficient reason for piercing corporate veil – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26; (2001) 179 ALR 406 Caine v Lumley General Insurance Ltd (No. 2) [2008] NSWCA 109 Consolidated Lawyers Ltd v Abu-Mahmoud [2016] NSWCA 4 Management Service Australia Pty Ltd v PM Works Pty Limited [2017] NSWSC 1743 Morgan v Johnson (1998) 44 NSWLR 578 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd [2004] QSC 47 Walker v Harwood [2017] NSWCA 228 Texts Cited: Practice Note SC Eq 3 Category: Costs Parties: Management Services Australia Pty Ltd (Plaintiff) PM Works Pty Ltd (First Defendant) Amit Banerji (Second Defendant) Representation: Counsel: F Assaf / P Strickland (Plaintiff) M Cairns / L Hulmes (Defendant)