Samadi v WKA Legal Pty Ltd (No 2) [2018] NSWSC 1243

Supreme Court New South Wales

Medium Neutral Citation: Samadi v WKA Legal Pty Ltd (No 2) [2018] NSWSC 1243 Hearing dates: 8 August 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 2015/25029 in the Local Court of New South Wales:

(1) Order the first and second defendants to pay 50% of the plaintiff's costs of the proceedings. (2) Order the plaintiff to pay the third defendant's costs of the proceedings.

In proceedings 2017/347095 in the Supreme Court of New South Wales:

(3) Order the defendant to pay the plaintiffs' costs of the proceedings. Catchwords: COSTS – Local Court proceedings where costs disproportionate to amount in issue – relevance of conduct of the proceedings by respective parties

COSTS – costs of appeal in this Court – whether reason to depart from the usual rule that costs follow the event – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Legal Profession Act 2004 (NSW), ss 317, 323 Limitation Act 1969 (NSW), s 14 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 50.14 Cases Cited: Calderbank v Calderbank [1975] 3 WLR 586 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 Samadi v WKA Legal Pty Ltd [2018] NSWSC 1159 Texts Cited: Local Court of New South Wales, Practice Note No Civ 1 – Consolidated Civil Procedure, 23 June 2017, cl 36 Category: Costs Parties: Afshin Samadi (First Plaintiff) Team ASR Pty Ltd (Second Plaintiff) Studio 54 Pty Ltd (Third Plaintiff) WKA Legal Pty Ltd (Defendant) Representation: Counsel: M Castle (Plaintiffs) M Galvin (Defendant)