Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Hearing dates: 27 March 2018 Date of orders: 27 April 2018 Decision date: 27 April 2018 Before: Basten JA at [1]; Meagher JA at [13]; Payne JA at [14] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Set aside the order of the primary judge on 13 October 2017 and in lieu thereof:

Order that there be no order as to the costs of the proceedings below, including the application for costs, with the intention that each party bear its or their own costs.

(4) The respondent pay the appellants' costs of the appeal as agreed or assessed. Catchwords: COSTS – leave to appeal – when costs awarded in a case which has been resolved without a hearing on the merits – whether clear that respondent would have succeeded in any event – whether respondent had acted reasonably and the applicants had acted unreasonably – Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 applied Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), ss 101(2)(c) and 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Bitannia Pty Ltd v Parkline Constructions [2009] NSWCA 32 Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 30 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 International Finance Trust Co Ltd v New South Wales Crime Commission (2009) 240 CLR 319; [2009] HCA 49 Muhibbah Engineering (M) BHD & Anor v Trust Company Ltd & Anor [2009] NSWCA 205 Ralph Lauren 57 Pty Limited v Byron Shire Council [2014] NSWCA 107 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Shellharbour City Council v Minister for Local Government [2017] NSWCA 256 Category: Principal judgment Parties: Benjamin Nigel Nichols (First Applicant) BNE Pty Ltd (Second Applicant) Mimbe Pty Ltd (Third Applicant)