Almona Pty Ltd v Parklea Corporation Pty Ltd (No 4) [2020] NSWSC 553

Supreme Court New South Wales

Medium Neutral Citation: Almona Pty Ltd v Parklea Corporation Pty Ltd (No 4) [2020] NSWSC 553 Hearing dates: 9 April 2020 Decision date: 12 May 2020 Jurisdiction: Equity Before: Robb J Decision: See pars 21, 30, 55, 78, 92, 233, 264, 269, 308 and 311. Note the alternative approach at pars 234 to 241. Parties are to consider these reasons for judgment and to provide my associate with draft short minutes of order to give effect to them. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event – whether, in the circumstances, separable events can be identified – whether costs should be apportioned in a case where a number of parties have succeeded and failed on substantial issues – where discretion must be applied to obtain a 'fair and just' result – whether certain parties should be ordered to bear their own costs

COSTS — Party/Party — Orders when proceedings involve multiple parties — Bullock and Sanderson orders – where the circumstances indicate that a Sanderson order should not be made

COSTS — Security for costs – whether monies paid as security should be released

CIVIL PROCEDURE — whether an inquiry and account as between mortgagor and mortgagee should be ordered on the present state of the evidence – where there is a question as to whether in part the mortgagee or receivers and managers appointed by the mortgagee are the proper accounting parties

CIVIL PROCEDURE — Stay of proceedings — Inherent power – where an interim stay of proceedings is granted on a short-term basis notwithstanding risk that the successful plaintiff may not be able to recover judgment from unsuccessful defendants