Volvo Finance Australia Pty Limited v Waterfront Enterprises Pty Limited (in liquidation) [2019] NSWSC 1182

Supreme Court New South Wales

Medium Neutral Citation: Volvo Finance Australia Pty Limited v Waterfront Enterprises Pty Limited (in liquidation) [2019] NSWSC 1182 Hearing dates: 03 September 2019 Date of orders: 03 September 2019 Decision date: 09 September 2019 Jurisdiction: Common Law Before: Lonergan J Decision: The plaintiff is to pay the fourth defendant's costs thrown away by the vacation of the hearing date and those costs are payable forthwith Catchwords: COSTS – whether order should be made that costs thrown away by vacation of hearing date be payable forthwith – fourth defendant's preparation wasted as new pleadings and evidence required – fourth defendant an individual – plaintiff a financial organisation and in better position to bear ongoing costs – order relevant to discrete aspect of the proceedings – order made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: Fiduciary Limited v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Traderight (NSW) Pty Ltd & Ors v Bank of Queensland Ltd (No 2) [2008] NSWSC 589 Category: Costs Parties: Volvo Finance Australia Pty Limited (Plaintiff) Waterfront Enterprises Pty Ltd (in liquidation) (First Defendant) Jason Spencer (Second Defendant) Waterfront Group Pty Ltd (Third Defendant) Barry Saad (Fourth Defendant) Representation: Counsel: E Anderson (Plaintiff) G Carolan (Fourth Defendant)

Solicitors: Dowd & Co Lawyers (Plaintiff) MCK Lawyers (Fourth Defendant) File Number(s): 2018/125351 Publication restriction: Nil