Lauvan Pty Limited v Bega (No 3) [2018] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: Lauvan Pty Limited v Bega (No 3) [2018] NSWSC 423 Hearing dates: On the papers (last submissions 28 March 2018) Decision date: 10 April 2018 Before: Gleeson JA Decision: (1) Mr Ciappara pay the costs of the cross-defendants (Lauvan Pty Limited, Mittabell Pty Limited, Aidan Bega and AB Veritas Pty Ltd) to the third cross-claim.

(2) Mrs Bega pay to Mr Ciappara the costs which Mr Ciappara is liable to pay pursuant to order (1) to the first and second cross-defendants (Lauvan Pty Ltd and Mittabell Pty Ltd) to the third cross-claim.

(3) Mrs Bega pay to Mr Ciappara 30 percent of his own costs of the third cross-claim. Catchwords: COSTS – costs of third cross-claim – where unnecessary to determine issues raised by third cross-claim given dismissal of second cross-claim – where third cross-claimant ordered to pay costs of third cross-claim – whether some further or other order should be made – whether unsuccessful second cross-claimant should bear costs liability of third cross-claimant – whether reasonable to bring the third cross-claim against all cross-defendants – whether claims of second cross-claimant the catalyst for the third cross-claim Legislation Cited: Civil Liability Act 2002 (NSW), Pt 4 Civil Procedure Act 2005 (NSW), s 98(1) Contracts Review Act 1980 (NSW) District Court Rules 1973 (NSW), Pt 39A, r 9 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)(c) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Furber v Stacey [2005] NSWCA 242 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 201 ALR 55; [2003] FCA 688 Johnson v Ribbins [1977] 1 WLR 1458 Lauvan Pty Limited v Bega [2018] NSWSC 154 Lombard Insurance Co (Australia) Ltd v Pastro (1994) 175 LSJS 448 Category: Costs Parties: Lauvan Pty Limited (First Plaintiff) Mittabell Pty Limited (Second Plaintiff) Helen Bega (First Defendant) Aidan Bega (Second Defendant) AB Veritas Pty Limited (Third Defendant) Charles Ciappara (Second Cross-Defendant / Third Cross-Claimant) Representation: Counsel: Mr G Sirtes SC / Ms A Avery-Williams (Plaintiffs) Ms I King (First Defendant) Mr A Ogborne (Second and Third Defendants) Mr J Emmett (Second Cross-Defendant / Third Cross-Claimant)