Sandersons Eastern Suburbs v Mercedes-Benz Australia/Pacific (No. 2) [2018] NSWSC 631

Supreme Court New South Wales

Medium Neutral Citation: Sandersons Eastern Suburbs v Mercedes-Benz Australia/Pacific (No. 2) [2018] NSWSC 631 Hearing dates: On the papers Decision date: 09 May 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: See at [12]. Catchwords: COSTS – hearing for primary proceedings vacated as no justiciable issue had yet crystallised – both parties contributed to outcome – no basis to allocate individual responsibility – no order as to costs leading up to hearing date.

COSTS – summary dismissal – plaintiff accepts it must pay costs associated with notice of motion – orders made. Legislation Cited: Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) Motor Dealers and Repairs Act 2013 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Sandersons Eastern Suburbs v Mercedes Benz Asia/Pacific [2018] NSWSC 52 Category: Costs Parties: Sandersons Eastern Suburbs Pty Limited (Plaintiff) Mercedes-Benz Australia/Pacific Pty Limited (Defendant) Representation: Counsel: S Couper QC / P Silver (Plaintiff) DR Pritchard SC / S Golledge (Defendant)

Solicitors: HWL Ebsworth (Plaintiff) Robinson Legal (Defendant) File Number(s): 2015/71826

Judgment 1. HIS HONOUR: On 6 February 2018, I gave judgment on an application by the defendant (MBAP) to dismiss the claim of the plaintiff (Sandersons) pursuant to UCPR r 13.4 [1] or alternatively r 14.28. I ordered that the proceedings be dismissed summarily, and gave directions for written submissions on costs [2] . The parties have provided written submissions. In these reasons, I deal with the question of costs.