Khabiya t/as Samso Wall Printing v Sachdeva & Ors (No. 3) [2019] NSWDC 586

District Court New South Wales

Medium Neutral Citation: Khabiya t/as Samso Wall Printing v Sachdeva & Ors (No. 3) [2019] NSWDC 586 Hearing dates: 18 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 43. Catchwords: PRACTICE AND PROCEDURE – application to set aside and vary costs order – applicant's failure to provide submissions as to costs orders as directed – adequacy of explanation for non-compliance with directions.

COSTS – plaintiff sued multiple defendants – plaintiff successful against second defendant but not first defendant – whether Sanderson order should be made – whether conduct of second defendant makes it fair to impose liability upon it for costs of the first defendant. Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Autodesk Inc v Dayson (No.2) (1993) 176 CLR 672 Avopiling Pty Ltd v Bosevski [2018] NSWCA 146 Chen v Chen (2009) VSCA 233 Coombes v RTA (No.2) [2007] NSWCA 70 Gould v Vaggelas (1985) 157 CLR 215 Nationwide News Pty Ltd v Naidu (No.2) [2008] NSWCA 71 Northey v Bega Valley Shire Council [2012] NSWCA 28 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Wardle v Agricultural and Rural Finance Pty Ltd [2012] NSWCA 388 Texts Cited: Hamilton et al, New South Wales Civil Procedure Handbook (2019) [r 42.1.100] Category: Costs Parties: Mr Khabiya (Plaintiff) Mr Sachdeva (First Defendant) Ms Sachdeva (Second Defendant) Representation: Counsel: Mr M Bennett (Plaintiff) Mr J Mack (First Defendant)