Secure Parking Pty Limited v Ralan Property Services Pty Limited (No 1) [2018] NSWSC 660

Supreme Court New South Wales

Medium Neutral Citation: Secure Parking Pty Limited v Ralan Property Services Pty Limited (No 1) [2018] NSWSC 660 Hearing dates: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Common Law Before: McCallum J Decision: Leave to appeal sought in the summons refused; summons dismissed; leave to appeal sought in the cross-summons refused; cross-summons dismissed. Catchwords: COSTS – application for leave to appeal against costs order of the Local Court – whether any important point of principle raised – where Magistrate declined to award indemnity costs in favour of successful defendant after plaintiff's failure to accept offer of compromise – potential conflict between practice note and rules – no new issue not previously considered by this Court – absence of merit in proposed grounds of appeal Legislation Cited: Civil Procedure Act 2005 (NSW), pt 6 Local Court Act 2007 (NSW), s 40(2)(c) Practice Note LC Div 1 Uniform Civil Procedure Rules 2005 (NSW), r 20.26, 42.15A Cases Cited: Ada Evans Chambers P/L v Santisi [2014] NSWSC 538 Colbron v Freeman (No 2) [2014] NSWSC 1528 Gibson v Drumm [2016] NSWCA 206 Houatchanthara v Bednarczyk,Court of Appeal (NSW), 14 October 1996 Metziya Pty Ltd v ICR Engineering Pty Ltd; ICR Engineering Pty Ltd v Metziya Pty Ltd; ICR Engineering Pty Ltd v Blayney Cold Storage Distribution Pty Ltd [2016] NSWSC 1703 Plymouth Brethren (Exclusive Brethren) Christian Church v The Age Company Ltd; Plymouth Brethren (Exclusive Brethren) Christian Church v Fairfax Media Publications Pty Ltd [2018] NSWCA 95 T&DC Pty Limited v Workforce Clothing Pty Limited [2015] NSWSC 1731 Category: Principal judgment Parties: Secure Parking Pty Ltd (plaintiff/second cross defendant) Ralan Property Services Pty Ltd (first defendant/cross-claimant)) Richard Macphillamy (second defendant/first cross defendant) Representation: Counsel: N Ghabar (plaintiff/second cross defendant) M Bennett (first defendant/cross claimant) A Power (second defendant/first cross defendant)