Gresham Property Investments Limited v Global Consulting Services Pty Limited; Global Consulting Services Pty Limited v Gresham Property Investments Limited (No 2) [2018] NSWSC 433

Supreme Court New South Wales

Medium Neutral Citation: Gresham Property Investments Limited v Global Consulting Services Pty Limited; Global Consulting Services Pty Limited v Gresham Property Investments Limited (No 2) [2018] NSWSC 433 Hearing dates: On the papers Decision date: 11 April 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The first defendant/first cross-claimant and second defendant/second cross-claimant pay the plaintiff/first cross-defendant's costs of the proceeding: (a) on the ordinary basis up to 25 July 2017; and (b) on the indemnity basis after 25 July 2017, in each case, as agreed or assessed.

(2) The first defendant/first cross-claimant and second defendant/second cross-claimant are not entitled to the costs of proving any facts the subject of their notice to admit facts dated 11 May 2017. Catchwords: COSTS – Party/Party – Exceptions to general rule that costs follow the event – Calderbank offers – Reasonableness of rejecting a Calderbank offer COSTS – Party/Party – Specific court rules in relation to costs – Whether the court should depart from the ordinary rule in Uniform Civil Procedure Rules 2005 (NSW) r 42.8(2) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gresham Property Investments Limited v Global Consulting Services Pty Limited [2018] NSWSC 141 Singapore Airlines Cargo Pte Ltd v Principle International Pty Ltd (No 2) [2017] NSWCA 340 Category: Costs Parties: Gresham Property Investments Limited (ACN 078 108 086) (Plaintiff | First Cross-Defendant) Global Consulting Services Pty Limited (ACN 053 280 489) (First Defendant | First Cross-Claimant) RGN Pty Limited (ACN 121 372 183) (Second Defendant | Second Cross-Claimant) Pierora Pty Limited (In Liq) (Receivers & Managers Appointed) (Controller Appointed) (ACN 081 095 409) (Third Defendant | Third Cross-Defendant) PVS5 Holding Co Pty Limited (Receivers & Managers Appointed) (Controller Appointed) (ACN 154 301 596) (Fourth Defendant | Fourth Cross-Defendant) Pentridge Village Pty Limited (Receivers And Managers Appointed) (In Liquidation) (ACN 087 151 068) (Second Cross Defendant) Representation: Counsel: IR Pike SC with J Anderson (Plaintiff | First Cross Defendant) PG Willis SC with R Scheelings (First & Second Defendants | First & Second Cross Claimants) Submitting Appearance (Third & Fourth Defendants | Third & Fourth Cross Defendants)