Reliance Rail Pty Limited v Permanent Custodians Limited (No. 2) [2018] NSWSC 337

Supreme Court New South Wales

Medium Neutral Citation: Reliance Rail Pty Limited v Permanent Custodians Limited (No. 2) [2018] NSWSC 337 Hearing dates: On the papers. Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Plaintiffs to pay third and fourth defendants' costs; make no other order as to costs. Catchwords: COSTS – costs follow the event – where both parties partly successful on various issues – where defendants entirely successful on the fundamental commercial question – whether success is determined by reference to the former or the latter – plaintiffs ordered to pay defendants' costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Management Service Australia Pty Ltd v PM Works Pty Ltd (No. 2) [2018] NSWSC 336 Reliance Rail Pty Limited v Permanent Custodians [2017] NSWSC 1111 Category: Costs Parties: Reliance Rail Pty Limited (First Plaintiff) Reliance Rail Finance Pty Limited (Second Plaintiff) Reliance Rail Holdings Pty Limited (Third Plaintiff) Dexia Credit Local Sa (Third Defendant) FMS Wertmanagement Aör (Fourth Defendant) Representation: Counsel: MJ Darke SC / S Lawrance / E Bathurst (Plaintiffs) IM Jackman SC / DFC Thomas (Third and Fourth Defendants)

Solicitors: Gilbert + Tobin (Plaintiffs) Herbert Smith Freehills (Third and Fourth Defendants) File Number(s): 2017/185479