Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd (Costs) [2020] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd (Costs) [2020] NSWSC 483 Hearing dates: On the papers Date of orders: 21 April 2020 Decision date: 21 April 2020 Jurisdiction: Equity Before: Rein J Decision: See [13]-[14]. Catchwords: COSTS – Party/Party – Court's discretion – Where the second/third defendants, having been found liable to the plaintiff, sought to vary the usual order that costs follow the event, so that they would only need to pay 80 per cent of the plaintiff's costs (on the ordinary basis) – Where the basis for seeking such an order was that the plaintiff abandoned and/or failed on some of its claims at, or shortly before, the hearing – Held: the Court allowed the second/third defendants to offset their costs in relation to an expert report they had obtained to meet a claim which the plaintiff abandoned and a percentage of counsels' fees relating to that claim, but the Court otherwise declined to vary the usual order that costs follow the event. Furthermore, the second/third defendants were ordered to pay only 75 per cent of the plaintiff's costs (on the ordinary basis) of this application for costs, because the second/third defendants succeeded in relation to the costs of the expert report and a portion of counsels' fees. Legislation Cited: 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 Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Wollongong Coal Ltd v Gujarat NRE Properties Pty Ltd [2020] NSWSC 254 Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 Texts Cited: Nil Category: Costs Parties: Wollongong Coal Ltd (Plaintiff) Mr Arun Jagatramka (Second Defendant) Mrs Mona Jagatramka (Third Defendant) Representation: Counsel: Mr A. Coleman SC with Mr N. Riordan (Plaintiff) Mr D. Pritchard SC with Mr A. Macauley (Second and Third Defendants)