Pages Property Investments Pty Ltd v Boros [2019] NSWSC 1778

Supreme Court New South Wales

Medium Neutral Citation: Pages Property Investments Pty Ltd v Boros [2019] NSWSC 1778 Hearing dates: On the papers (Written submissions on 30 July 2019) Decision date: 13 December 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Order the defendants to pay the plaintiff's costs of the first defendant's Notice of Motion filed 16 April 2018, the plaintiff's Notice of Motion filed 13 March 2019 and the hearings on 13 September 2018, 9 November 2018, 30 November 2018, 8 February 2019, 1 March 2019, 22 March 2019, 6 May 2019, 17 June 2019 and 24 June 2019. Catchwords: COSTS — Interlocutory proceedings — Directions for plaintiff to file expert evidence — Plaintiff's expert identifies documents needed to complete report — Subpoenas issued to defendants' related parties — Motions to amend and strike out pleadings then part-heard — Defendants' motion to set aside subpoenas — Subpoenaed party joined as defendant — General discovery ordered in place of compliance with subpoenas — Long course of less than full production — Plaintiff's motion to enforce discovery — Orders made without final determination of motions — Motions dismissed by consent after further production — Plaintiff substantially successful on both motions — Defendants to pay costs of motions and related hearings. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: Australian Securities and Investments Commission v Rich [2003] NSWSC 297 Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Boensch v Pascoe [2010] NSWSC 1172 Boros v Pages Property Investments Pty Ltd [2018] NSWCA 269 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 410 Gambro Pty Ltd v Fresenius Medical Care of Australia Pty Ltd [2002] FCA 581 Mundi v Hesse [2018] NSWSC 1548 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Pages Property Investments Pty Ltd v Boros [2018] NSWSC 986 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Rissanen v Nunan [2019] NSWSC 418 Vanguard Financial Planners Pty Ltd v Ale [2017] NSWSC 196 Texts Cited: Practice Note SC Eq 11 Category: Costs Parties: Pages Property Investments Pty Ltd (Plaintiff)