MR Group Investments Pty Ltd v Back (No 2) [2019] NSWSC 945

Supreme Court New South Wales

Medium Neutral Citation: MR Group Investments Pty Ltd v Back (No 2) [2019] NSWSC 945 Hearing dates: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) As between the plaintiffs and the defendants, the costs of the notices of motion filed on 12 April 2019 and 20 June 2019 be costs in the cause. Catchwords: COSTS – appropriate order when notices of motion resolved by consent – whether order that costs in the cause ought be made or order that the costs be the plaintiff's costs in the cause ought be made – applications part of usual course of litigation – no disentitling or unreasonable conduct – appropriate order is that costs be costs in the cause – question of relevance of cap in Law Society of New South Wales Scheme – not necessary to decide Legislation Cited: Civil Procedure Act 2005 (NSW), s 58 Evidence Act 1995 (NSW), ss 135, 192A Professional Standards Act 1994 (NSW), s 4 Cases Cited: MR Group Pty Ltd v Back [2018] NSWSC 1739 Re Minister for Immigration and Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: Law Society of New South Wales Scheme Category: Procedural and other rulings Parties: MR Group Investments Pty Ltd (First Plaintiff/ Respondent on Evidence Motion) Bassam Elsadik (Second Plaintiff/ Respondent on Evidence Motion) Ronnie Khalil (Third Plaintiff/ Respondent on Evidence Motion) Francis Back (First Defendant/Applicant on Evidence Motion) Tony Schwartz (Second Defendant/Applicant on Evidence Motion) Dyldam Developments Pty Limited (First Applicant on Subpoena Motion/Respondent on Evidence Motion) Leppington 88 Pty Limited (Second Applicant on Subpoena Motion) Sam Fayad (Third Applicant on Subpoena Motion) Representation: Counsel: G Laughton SC (Plaintiffs) T J Breakspear (Defendants) J Adamopoulos (Applicants on Subpoena Motion, Respondent on Evidence Motion)