Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited (No 2) [2019] NSWSC 1034

Supreme Court New South Wales

Medium Neutral Citation: Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited (No 2) [2019] NSWSC 1034 Hearing dates: On the papers Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) Plaintiff's application for costs dismissed. (2) Plaintiff to pay the third defendant/cross-claimant's costs of defending this application. Catchwords: Costs Legislation Cited: Competition and Consumer Act 2010 (Cth) – Sch 2 Cases Cited: Chahwan v Euphoric Pty Limited (2009) 73 ACSR 252 Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395 Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited [2019] NSWSC 679 Category: Costs Parties: Hume Plasterboard Pty Limited – Plaintiff Brilliant Interiors Pty Limited – First Defendant Genade Suntsov – Second Defendant Xiaojuan Sun – Third Defendant and Cross-Claimant Representation: Counsel: SK Hill – Plaintiff JC Lee – Third Defendant and Cross-Claimant

Solicitors: CBD Law Solicitors – Plaintiff Ren Zhou Lawyers – Third Defendant and Cross-Claimant File Number(s): 2018/153193 Publication restriction: Nil

JUDGMENT 1. HIS HONOUR: The factual background to the claim is set out in the principal judgment (Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited [2019] NSWSC 679). The effect of the decision was that Hume Plasterboard Pty Limited (Hume) failed to establish that the third defendant (Ms Sun) was liable under a guarantee signed by her on 30 May 2016. 2. On 13 May 2019, Ms Sun served a proposed amended cross-claim on Hume. This was one business day clear of the date set down for hearing. When the matter commenced on 15 May 2019, Ms Sun sought to rely upon the amended cross-claim. This was opposed by Hume. Leave was granted to Ms Sun to rely upon the amended pleading. 3. This judgment relates to an application by Hume that Ms Sun pay the costs thrown away by the late amendment of her cross-claim.