Benson v Rational Entertainment Enterprises Ltd (No 2) [2018] NSWCA 148

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Benson v Rational Entertainment Enterprises Ltd (No 2) [2018] NSWCA 148 Hearing dates: On the papers Decision date: 11 July 2018 Before: Beazley P, Leeming JA, Emmett AJA Decision: BY CONSENT, THE COURT ORDERS: 1. Judgment for the Appellant against the Fourth Respondent, Rational FT Enterprises Limited, in the sum of US$382,216.23. 2. The name of the Second Respondent upon all documents filed in these proceedings shall be taken to have been amended to the name "Amaya Group Limited."

THE COURT ORDERS: 3. Vary order 4 made on 25 May 2018 so that it reads "The fourth respondent to pay the appellant's costs of the appeal, exclusive of the costs of submissions on the form of the judgment, parties and costs." 4. No order as to the costs of submissions on the form of the judgment, parties and costs, with the intent that the parties bear their own costs of those submissions. 5. The fourth defendant to pay the plaintiff's costs at first instance. Catchwords: COSTS – plaintiff obtained judgment for US$285,000 plus interest against one of four defendants – all defendants located in Isle of Man – proceedings were appropriately commenced in Supreme Court – whether proceedings warranted continuation in Supreme Court after jurisdiction was confirmed – whether settlement offer to all defendants affected discretion as to costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.34 Cases Cited: Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111 Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Sahade v Bischoff (No 2) [2016] NSWCA 45 Category: Costs Parties: Gary Benson (Appellant) Rational Entertainment Enterprises Ltd (First Respondent) Rational Group Ltd (Second Respondent) Oldford Group Ltd (Third Respondent) Rational FT Enterprises Ltd (Fourth Respondent) Representation: Counsel: M W Young SC (Appellant) A R Zahra (Respondents)