Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 3) [2020] NSWSC 307

Supreme Court New South Wales

Medium Neutral Citation: Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 3) [2020] NSWSC 307 Hearing dates: On the papers Date of orders: 27 March 2020 Decision date: 27 March 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Order the defendant to pay 65% of the plaintiff's costs of the proceedings at first instance after 21 May 2015 on the ordinary basis.

(2) Note that orders 3 and 4 made by the Court on 6 May 2015 continue in effect.

(3) For the purposes of order 4 made by the Court on 6 May 2015, order that the defendant's ultimate success on the indemnity issue has the effect that the defendant is entitled to payment by the plaintiff of the costs contemplated by order 4.

(4) Order the defendant to pay the costs incurred in this Court in respect of the notice of motion filed by the defendant on 12 October 2018.

(5) The Court makes no order for the costs of the parties in the Court of Appeal in respect of the application for costs and orders in so far as that application concerned the orders and costs of the proceedings at first instance, or the costs of the proceedings in the remitter from the Court of Appeal to this Court, with the intent that each party will bear those aspects of its costs. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Nature of the proceedings

COSTS — Party/Party — Court's discretion – Remitter from the Court of Appeal Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Gujarat NRE India Pty Ltd v Wollongong Coal Ltd [2018] NSWSC 1459 Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 2) [2018] NSWSC 1622 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Wollongong Coal Ltd v Gujarat NRE India Pty Ltd (2015) 230 FCR 28; [2015] FCA 221 Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135; (2019) 372 ALR 165 Wollongong Coal Ltd v Gujarat NRE India Pty Ltd (No 2) [2019] NSWCA 173 Category: Costs Parties: Gujarat NRE India Pty Ltd (plaintiff) Wollongong Coal Limited (defendant) Representation: Counsel: D Pritchard SC/A Macauley (plaintiff) DL Williams SC / CD Wood / ND Riordan (defendant)