Noble Earth Technologies Pty Ltd v Hampic Pty Ltd (in liquidation) t/as Cyndan Chemicals (No 2) [2016] NSWSC 1960

Noble Earth Technologies Pty Ltd v Hampic Pty Ltd (in liquidation) t/as Cyndan Chemicals (No 2) [2016] NSWSC 1960

There was no misconduct, delinquency, or special feature justifying indemnity costs or gross sum costs order; the plaintiffs' case, though unsuccessful, was genuine and conscientiously conducted. There was insufficient basis to make a personal costs order against Mr Pearsall as the principal of the first plaintiff. Costs should be assessed on the ordinary basis.

Jurisdiction
Australia
Judgment Date
30 October 2016
Procedural Posture
Costs Application / Post Judgment, Costs Determination
Outcome
Plaintiffs to pay defendants' costs on the ordinary basis; defendants' applications for indemnity costs, gross sum order, and personal costs order against Mr Pearsall refused; defendants to pay plaintiffs' costs of costs argument on ordinary basis; costs reserved for vacation of first hearing are costs in the cause;...
Legal Topics
['costs' 'indemnity Costs' 'gross Sum Costs' 'calderbank Offers' 'non Party Costs']
['civil Procedure' 'equity'] ['costs' 'indemnity Costs' 'gross Sum Costs' 'calderbank Offers' 'non Party Costs']

Case Brief

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Procedural Posture

Costs Application / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity basis' 'Whether a gross sum costs order should be made' 'Whether a costs order should be made against a non-party (Mr Pearsall)']

Ratio Decidendi

There was no misconduct, delinquency, or special feature justifying indemnity costs or gross sum costs order; the plaintiffs' case, though unsuccessful, was genuine and conscientiously conducted. There was insufficient basis to make a personal costs order against Mr Pearsall as the principal of the first plaintiff. Costs should be assessed on the ordinary basis.

Court Disposition

Plaintiffs to pay defendants' costs on the ordinary basis; defendants' applications for indemnity costs, gross sum order, and personal costs order against Mr Pearsall refused; defendants to pay plaintiffs' costs of costs argument on ordinary basis; costs reserved for vacation of first hearing are costs in the cause;...

Orders

  • ['Plaintiffs to pay defendants’ costs on the ordinary basis.' 'Defendants’ applications for indemnity costs, gross sum costs, and personal costs orders against Mr Pearsall are refused.' 'Defendants to pay plaintiffs’ costs of the costs argument on the ordinary basis.' 'Costs reserved on 2 June 2015 for the vacation...