BB Australia v Danset (No 2) [2018] NSWSC 1745

Supreme Court New South Wales

Medium Neutral Citation: BB Australia v Danset (No 2) [2018] NSWSC 1745 Hearing dates: On the papers Date of orders: 14 November 2018 Decision date: 14 November 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Dismiss plaintiff's claim for its costs to be indemnified by the defendants. Order the plaintiff to pay the first, second and third defendants' costs of the proceedings. Catchwords: CONTRACT – whether defendants required to indemnify plaintiff for costs incurred in attempting to enforce the franchise agreement – construction of the franchise agreement and the deed of indemnity and guarantee – relevant clauses not engaged when plaintiff commences proceedings which are ultimately unsuccessful – claim dismissed. Cases Cited: BB Australia Pty Ltd v Constanti [2017] VSC 114 BB Australia Pty Ltd v Danset Pty Ltd [2017] NSWSC 1307 BB Australia Pty Ltd v Danset Pty Ltd [2018] NSWCA 101 Precious Metals Australia Limited v Xstrata (Schweiz) A-G [2005] NSWSC 141 Category: Costs Parties: BB Australia Pty Ltd (Plaintiff) Danset Pty Ltd (First Defendant) Jorge Manuel Simoes Miraldo (Second Defendant) Maria Graca Samagaio Miraldo (Third Defendant) Tresblue Pty Ltd (Fourth Defendant) John Kevin Price (Fifth Defendant) Representation: Counsel: P D Herzfeld (Plaintiff) I R Pike / J S Burnett (First, Second and Third Defendants)