Florida Kitchens Pty Ltd v Number One Cutting (T/S Number One Marble and Granite) (No 2) [2020] NSWSC 216

Supreme Court New South Wales

Medium Neutral Citation: Florida Kitchens Pty Ltd v Number One Cutting (T/S Number One Marble and Granite) (No 2) [2020] NSWSC 216 Hearing dates: On the papers Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) The defendant's costs of the motion appealing the decision of Harrison AsJ are to be paid by the plaintiff and Mr Andre Elias jointly and severally on an indemnity basis. (2) The defendant's costs of this costs motion are to be paid by the plaintiff and Mr Andre Elias jointly and severally on the ordinary basis. Catchwords: COSTS – third party costs – indemnity costs –reasonable apprehension of bias – comments critical of delay – fair-minded lay observer or bystander test –whether conduct of litigation unreasonable – interests of justice test – whether exceptional circumstances exist to warrant indemnity costs order Legislation Cited: Civil Procedure Act 2005 (NSW), s 56, s 98(1)(a) Home Building Act 1989 (NSW), s 48K Supreme Court Act 1970 (NSW) Cases Cited: Brand2Content t/as Franchise Works v Dalby [2019] NSWCA 16 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Florida Kitchens Pty Ltd v Number One Cutting (T/S Number One Marble and Granite) [2019] NSWSC 1568 Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 FPM Constructions Pty Ltd & v The Council of the City of Blue Mountains [2005] NSWCA 147 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Gaudie v Local Court of New South Wales and Anor [2013] NSWSC 1425 Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCA 42 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 House v King (1936) 55 CLR 499; [1936] HCA 40 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Knight v FP Special Assets Limited (1992) 174 CLR 178; [1992] HCA 28 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 VMA Companies LLC trading as Corbis Global v Ridley Capital Holdings Pty Ltd (now known as ACN 151 726 224) (in liquidation) [2016] NSWSC 1567 Yu v CAO (2015) 91 NSWLR 190; [2015] NSWCA 276 Category: Costs Parties: Florida Kitchens Pty Ltd (Plaintiff) Number One Cutting Services Pty Ltd (ABN 36 064 095 227) t/as Number One Marble and Granite (Defendant) Representation: Counsel: S Milanovic (Plaintiff) S Bell (Defendant)