Krupace Holdings Pty Limited v China Hotel Investments Pty Limited & Ors (Costs) [2018] NSWSC 990

Supreme Court New South Wales

Medium Neutral Citation: Krupace Holdings Pty Limited v China Hotel Investments Pty Limited & Ors (Costs) [2018] NSWSC 990 Hearing dates: 05 June 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Jurisdiction: Equity Before: Rein J Decision: See [14] – [15] Catchwords: COSTS – Assessment of costs – Departure from ordinary rule that costs follow the event – Where costs ordered against a Plaintiff that has been successful in respect of one issue but unsuccessful in respect of another that was clearly dominant and severable – Consideration of "events" for the purposes of costs – Whether concern that the principle of Anshun estoppel might operate caused the Plaintiff to run the issue on which it was unsuccessful was relevant to the issue of what costs order should be made. Cases Cited: Anshun v Port of Melbourne Authority Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Commonwealth of Australia v Gretton [2008] NSWCA 117 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 James v Surf Road Nominees (No 2) [2005] NSWCA 296 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Turkmani v Visvalingam (No 2) [2009] NSWCA 279 Category: Costs Parties: Krupace Holdings Pty Limited (Plaintiff) China Hotel Investments Pty Limited (First Defendant) Staywell Hospitality Management Pty Ltd (Second Defendant) Six Star Capital Pty Limited (Third Defendant) Kadina Real Estate Inc (Fourth Defendant) Richard Robert MacFie Doyle (Fifth Defendant) Simon Che Hing Wan (Sixth Defendant) Balbinder Sohal (Seventh Defendant) Leisure Inn Hospitality Management Pty Limited (Eighth Defendant) Representation: Counsel: Mr A. Hochroth (Plaintiff) Mr R. Scruby SC (Second – Eighth Defendants)