In the matter of ICB Medical Distributors Pty Ltd and The International College of Biomechanics Pty Ltd; ICB Gait and Posture Clinic Pty Ltd; Foot Steps Orthotics Pty Limited [2019] NSWSC 174

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ICB Medical Distributors Pty Ltd and The International College of Biomechanics Pty Ltd; ICB Gait and Posture Clinic Pty Ltd; Foot Steps Orthotics Pty Limited [2019] NSWSC 174 Hearing dates: Last written submissions as to costs 6 February 2019 Decision date: 01 March 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: No further order as to the costs of the proceedings be made. Catchwords: COSTS – Party/Party – Exceptions to general rule that costs follow the event – Conduct of hearings – where costs are claimed for primary hearing and valuation hearing – where parties' conduct of hearing results in no further order as to costs being made – where each party partly successful and partly unsuccessful – whether order as to costs should be made. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re ICB Medical Distributors Pty Ltd [2018] NSWSC 5 - Re ICB Medical Distributors Pty Ltd [2018] NSWSC 1315 - Re ICB Medical Distributors Pty Ltd [2018] NSWSC 1415 - Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256 Category: Costs Parties: Abdul Rahman Najjarine (Plaintiff/Cross-Defendant) Rodney St John Kielt (Defendant/Cross-Claimant) Representation: Counsel: F P Carnovale (Plaintiff/Cross-Defendant) V Whittaker/D Birch (Defendant/Cross-Claimant)