BB Australia v Danset (No 3) [2018] NSWSC 1823

Supreme Court New South Wales

Medium Neutral Citation: BB Australia v Danset (No 3) [2018] NSWSC 1823 Hearing dates: On the papers Date of orders: 29 November 2018 Decision date: 29 November 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Plaintiff's Notice of Motion filed 9 October 2017 dismissed with costs. Catchwords: COSTS – application to vary costs order – whether alleged "misconduct" of the fourth and fifth defendants should disentitle those parties to a costs order – where misconduct was part of the plaintiff's case against those parties which failed – no reason to depart from the usual order as to costs. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BB Australia Pty Ltd v Danset Pty Ltd [2017] NSWSC 1307 BB Australia Pty Ltd v Danset Pty Ltd [2018] NSWCA 101 BB Australia v Danset (No 2) [2018] NSWSC 1745 Emerald Construction Co v Lowthian [1966] 1 WLR 691 Short v City Bank (1912) 12 SR (NSW) 186 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 Herzfield (Plaintiff) J A Darvall (Fourth and Fifth Defendants)

Solicitors: Macpherson Kelley Lawyers (Plaintiff) Paul Mattick & Associates (Fourth and Fifth Defendants) File Number(s): 2016/94570