Trimcon Civil Contracts Pty Ltd v Powerlink Investment (Australia) Pty Ltd [2019] NSWSC 1494

Supreme Court New South Wales

Medium Neutral Citation: Trimcon Civil Contracts Pty Ltd v Powerlink Investment (Australia) Pty Ltd [2019] NSWSC 1494 Hearing dates: On the papers Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Equity Before: Darke J Decision: Cross-Claim transferred to Local Court. Plaintiff's application for costs refused. Catchwords: COSTS – proceedings commenced by plaintiff lessee seeking injunctive and declaratory relief in relation to lease – defendant lessor filed cross-claim seeking injunctive and declaratory relief and damages – remaining term of lease was less than ten months – where lease expired during the course of proceedings – where all claims other than damages rendered otiose – where defendant seeks to transfer the proceedings to the Local Court – whether defendant's conduct unnecessarily prolonged proceedings which resulted in the plaintiff incurring wasted costs – not appropriate to order the defendant to pay the plaintiff's costs – each party ordered to pay its own costs of the proceedings to date apart from costs attributable to damages claim

PRACTICE AND PROCEDURE – transfer of proceedings – application by defendant to transfer proceedings to Local Court – where only remaining claim is defendant's damages claim – where the defendant's damages claim is less than $100,000 – proceedings transferred to Local Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 146 Local Court Act 2007 (NSW), s 30 Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Category: Costs Parties: Trimcon Civil Contracts Pty Ltd (Plaintiff) Powerlink Investment (Australia) Pty Ltd (Defendant) Representation: Counsel: Mr M Sheldon (Plaintiff) Mr D S Weinberger (Defendant)