Medina Property Services Pty Ltd v Starin Ltd as trustee of the Macquarie Business Centre Unit Trust (No 2) [2019] NSWSC 545

Supreme Court New South Wales

Medium Neutral Citation: Medina Property Services Pty Ltd v Starin Ltd as trustee of the Macquarie Business Centre Unit Trust (No 2) [2019] NSWSC 545 Hearing dates: On the papers Decision date: 15 May 2019 Jurisdiction: Equity - Duty List Before: Ball J Decision: (1) Each party pay its own costs of the proceedings on and from 20 December 2018; and

(2) Pursuant to s 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) the exhibit marked Confidential Exhibit BMG7 and pages 79 to 246 of Exhibit NM-3 be kept confidential and access to those exhibits be restricted to the defendants and their legal advisers on the ground that the order is necessary to prevent prejudice to the proper administration of justice. Catchwords: COSTS – Party/Party – General rule that costs follow the event – Proceedings discontinued or dismissed – conduct of parties – whether parties should pay bear their own costs – whether parties effectively capitulated or acted unreasonably Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Cases Cited: Re The Minister for Immigration and Ethnic Affairs of The Commonwealth of Australia & Anor ex Parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Medina Property Services Pty Ltd (First Plaintiff) Toga Hotel Management Holdings Pty Limited (Second Plaintiff) Starin Limited as trustee of the Macquarie Business Centre Unit Trust (First Defendant) Sydney Rainbow Pty Limited as trustee for the MBUT Operations Unit Trust (Second Defendant) Representation: Counsel: