Anchorage Capital Master Offshore Pty Ltd v Sparkes (No 2) [2019] NSWSC 550

Supreme Court New South Wales

Medium Neutral Citation: Anchorage Capital Master Offshore Pty Ltd v Sparkes (No 2) [2019] NSWSC 550 Hearing dates: On the papers Decision date: 14 May 2019 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The costs of the motion filed on 6 December 2018 be the plaintiffs' costs of the amended claim; and

(2) The plaintiffs' pay the defendants costs thrown away by reason of the amendments. Catchwords: COSTS – Party/Party – General rule that costs follow the event – costs of application to amend pleadings to be granted in event of success of claims introduced by amendments – contested application subject of special fixture – whether plaintiffs substantially successful on the application – other conduct of parties – relevance of indulgence principle Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anchorage Capital Master Offshore Pty Ltd v Sparkes [2019] NSWSC 384 Global Brand Marketing Inc v Cube Footwear Pty Ltd (2005) 66 IPR 19 Ingot Capital Investment v Macquarie Equity Capital Markets [2003] NSWSC 1012 J & A Vaughan Super Pty Ltd (Trustee) v Becton Property Group Ltd (No 4) [2015] FCA 218 Media Ocean Limited v Optus Mobile Pty Limited (No 6) [2009] FCA 1319 Salvation Army (South Australia Property Trust) v Rundle [2008] NSWCA 347 Category: Costs Parties: Anchorage Capital Master Offshore Ltd (Plaintiff) Delia Sparkes (First Defendant) Vera Verawati (Second Defendant) Hazel Hall (Third Defendant) Jaimee Lieu (Fourth Defendant) Robert Bakewell (Proposed Fifth Defendant) Representation: Counsel: C Colquhoun and E Bathurst (Plaintiff) M L Rose (First Defendant) B F Katekar (Second to Fourth Defendants)