Storm Industries Pty Ltd trading as trustee of the T&L Trust v Unicar Australia Pty Ltd (No. 2) [2020] NSWDC 95

District Court New South Wales

Medium Neutral Citation: Storm Industries Pty Ltd trading as trustee of the T&L Trust v Unicar Australia Pty Ltd (No. 2) [2020] NSWDC 95 Hearing dates: On the papers Date of orders: 09 April 2020 Decision date: 09 April 2020 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 20-21 Catchwords: DAMAGES – misleading or deceptive conduct – individual defendants ordered to pay compensation – whether corporate defendant also liable to pay compensation

COSTS – multiple defendants – plaintiff succeeds against each individual defendant – plaintiff's success against third defendant more limited than its success against the second defendant – compensation orders reflected differing contributions to loss caused by second and third defendants – whether costs orders should also reflect contributions to loss – whether apportionment of costs should be ordered on account of plaintiff's failure in some of its complaints against third defendant Legislation Cited: Fair Trading Act 1987 (NSW) 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 Cretazzo v Lombardi (1975) 13 SASR 4 Priestley v Priestley (No. 2) [2016] NSWSC 1259 Priestley v Priestley (No. 2) [2017] NSWCA 212 Reinhold v New South Wales Lotteries Corporation (No. 2) (2008) 82 NSWLR 762 Storm Industries Pty Ltd trading as trustee of the T & L Trust v Unicar Australia Pty Ltd [2020] NSWDC 51 Texts Cited: Dal Pont, Law of Costs (Lexis Nexis, Butterworths, 2003) Hamilton & Ors, New South Wales Civil Procedure Handbook (Thomson Reuters, 2019) Category: Costs Parties: Storm Industries Pty Ltd trading as trustee of the T&L Trust (Plaintiff) Unicar Australia Pty Ltd (First Defendant) Mr M Tsingolis (Second Defendant) Mr C Radcliff (Third Defendant) Representation: Counsel: Mr L Gyles SC and Ms A Campbell for the Plaintiff Mr D Tynan for the First and Second Defendants Dr E Peden SC for the Third Defendant