Secure Parking Pty Limited v Ralan Property Services Pty Limited (No 2) [2018] NSWSC 661

Supreme Court New South Wales

Medium Neutral Citation: Secure Parking Pty Limited v Ralan Property Services Pty Limited (No 2) [2018] NSWSC 661 Hearing dates: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Common Law Before: McCallum J Decision: Secure Parking to pay Ralan's costs of the summons assessed on the ordinary basis; Secure Parking to pay Mr Macphillamy's costs of the summons assessed on the indemnity basis; Ralan to pay Mr Macphillamy's costs of the cross-summons assessed on the indemnity basis Catchwords: COSTS – applications for leave to appeal costs order made in the Local Court – applications for relief not sought in the Local Court – claimants ought to have known their applications against another party enjoyed no real prospect of success – application for indemnity costs Legislation Cited: Local Court Act 2007 (NSW), s 41 Category: Costs 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)

Solicitors: HBA Legal (plaintiff/second cross defendant) Lachlan McBride (first defendant/cross claimant) CJ Boyd Solicitors (second defendant/first cross defendant) File Number(s): 2017/00222361 Publication restriction: None Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: General division Date of Decision: 23 June 2017 Before: Magistrate J.S. Andrews File Number(s): 2015/359155