Westlawn Finance Limited v Tagg (No 2) [2018] NSWSC 1762

Supreme Court New South Wales

Medium Neutral Citation: Westlawn Finance Limited v Tagg (No 2) [2018] NSWSC 1762 Hearing dates: 12 November 2018 Decision date: 19 November 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Judgment for the plaintiff against the first defendant in the sum of $2,273,459.79.

(2) The plaintiff's claim against the second and third defendants be dismissed.

(3) The first defendant's cross-claim be dismissed.

(4) The first defendant pay the plaintiff's costs of the proceedings against the first defendant on the indemnity basis.

(5) The plaintiff pay the costs of the second and third defendants. Catchwords: COSTS – Party/Party – Court's discretion – Where the parties have contracted on the question of costs – Whether costs should be paid on the indemnity basis – Orders when proceedings involve multiple parties – Bullock and Sanderson orders Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Gould v Vaggelas (1985) 157 CLR 215 Great Lakes Shire Council v Dederer; Roads & Traffic Authority of NSW v Dederer (No 2) [2006] NSWCA 336 May v Christodoulou (2011) 80 NSWLR 462; [2011] NSWCA 75 MIS Funding No 1 Pty Limited v Beefeater Sales International Pty Limited [2015] NSWSC 1109 Westlawn Finance Limited v Tagg [2018] NSWSC 1491 Category: Costs Parties: Westlawn Finance Limited (Plaintiff | Cross-Defendant) Sally-Anne Mary Tagg (First Defendant | Cross-Claimant) Frank Bernard Tagg (Second Defendant) Circles of Gold Pty Ltd ACN 088 460 146 (Third Defendant) Representation: Counsel: JR Clarke SC (Plaintiff | Cross-Defendant) A Rogers (First Defendant | Cross-Claimant) S Docker (Second and Third Defendants)