Galati v Deans (No 2) [2019] NSWSC 1714

Supreme Court New South Wales

Medium Neutral Citation: Galati v Deans (No 2) [2019] NSWSC 1714 Hearing dates: On the papers Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the costs of and incidental to the motion filed 8 October 2019 by the first and second defendants/cross-claimants be reserved, to be determined as part of the costs orders to be made on the final determination of the substantive dispute between the parties in the proceedings. Catchwords: COSTS –Party/Party – General rule that costs follow the event – Application of the rule and discretion – costs in relation to an application seeking general access to documents produced in answer to subpoena – whether the cross-claimants in pressing part of the relief sought in the application was so unreasonable as to warrant the payment of costs forthwith – held that the appropriate costs order is that the costs of (and incidental to) the hearing of a motion should be reserved – considered fairer to the parties that the costs be determined on the final determination of the substantive dispute between the parties in the proceedings. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59, 98 Evidence Act 1995 (NSW), s 126 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.7(2) Cases Cited: Bostik Australia Pty Limited v Liddiard (No 2) [2009] NSWCA 304 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 Galati v Deans (No 3) [2018] NSWSC 1861 Galati v Deans [2018] NSWSC 1600 Galati v Deans [2019] NSWSC 1548 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Macquarie International Health Clinic Pty Ltd v Sydney Local Health District (No 2) [2019] NSWSC 1492 Neal v Neal [2018] NSWSC 1356 Roache v News Group Newspapers Ltd [1998] E.M.L.R. 161 Category: Costs Parties: Robert Paton Deans (First Defendant/First Cross-Claimant) Fishbank Development Corporation Pty Limited (Second Defendant/Second Cross-Claimant) EJC Pyrmont Pty Ltd (Tenth Cross-Defendant) Representation: Counsel: P Barham (Applicants/Defendants/Cross-claimants) C Withers (Respondent/Tenth Cross-defendant)