In the matter of Cooperbrown Pty Ltd [2019] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Cooperbrown Pty Ltd [2019] NSWSC 1521 Hearing dates: Last written submissions 23 October 2019 Decision date: 05 November 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Defendant pay 50% of the Plaintiff's costs of the proceedings, as agreed or as assessed. Catchwords: COSTS – party/party – percentage apportionment of costs – where plaintiff has had ultimate success in the application – where plaintiff had success on less than half of arguments advanced – where proceedings could have been conducted in a quicker and cheaper manner – determination of apportionment of costs. Legislation Cited: - Building and Construction Industry Security of Payment Act 1999 (NSW) s 25 - Civil Procedure Act 2005 (NSW) s 98 - Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 - Correa v Whittingham (No 2) [2013] NSWCA 471 Jones v Trad (No 3) [2013] NSWCA 463 - Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 2) [2019] NSWCA 19 - Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 - Northern Territory of Australia v Sangare [2019] HCA 25 - Re Cooperbrown Pty Ltd [2019] NSWSC 1341 - Re Douglas Aerospace Pty Ltd [2015] NSWSC 167 - Re Employ (No 96) Pty Ltd (in liq) [2013] NSWSC 456 - Real Estate Property Management Pty Ltd v WaterCorp Investments Pty Ltd [2018] NSWCA 194 - Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Category: Costs Parties: Cooperbrown Pty Ltd (Plaintiff) Finestyle Kitchens Pty Ltd (Defendant) Representation: Counsel: D Hume (Plaintiff) L Katsinas (Defendant)