Targus Group (UK) v Targus Australia (No 3) [2018] NSWSC 1761

Supreme Court New South Wales

Medium Neutral Citation: Targus Group (UK) v Targus Australia (No 3) [2018] NSWSC 1761 Hearing dates: On the papers Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Order the third defendant to pay the plaintiff's costs of the first defendant's notice of motion filed 31 July 2018. Order that those costs be assessed on the ordinary basis up until 14 August 2018 and on the indemnity basis thereafter. Make no other order as to costs. Catchwords: COSTS – costs of interlocutory proceedings – whether costs should be in the cause – whether non-party to the motion should be required to pay the successful respondent's costs – where non-party was the driving force behind the litigation – where ordering otherwise would require the respondent to subsidise litigation against itself – whether costs should be assessed on the indemnity basis – where length of hearing was inordinately prolonged by the applicant's conduct. Legislation Cited: Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Oshlack v Richmond River Council (1998) 193 CLR 72 Targus Group (UK) v Targus Australia (No 2) [2018] NSWSC 1322 Yu v Cao (2016) 91 NSWLR 190 Category: Costs Parties: Targus Group (UK) Ltd UK Company Number 02989548 (Plaintiff/First Cross-Defendant) Targus Australia Pty Ltd (First Defendant/Cross-Claimant) Heathmere Pty Ltd (Second Defendant) Alenka Tindale (Third Defendant) Targus International LLC (Second Cross-Defendant) Mikel Williams (Third Cross-Defendant) Michael Dussinger (Fourth Cross-Defendant) Representation: Counsel: M R Elliott SC / R L Gall (Plaintiff/First Cross-Defendant) F T Roughley (First Defendant/Cross-Claimant) R Mansted (Second and Third Defendants)