In the matter of Synergy Medical Imaging Pty Ltd (No 2) [2021] NSWSC 627

In the matter of Synergy Medical Imaging Pty Ltd (No 2) [2021] NSWSC 627

The costs should follow the event: the plaintiffs lost on all substantial issues except for a peripheral matter, so plaintiffs must pay the costs of the sixth to eleventh defendants for the interlocutory process, while the twelfth and thirteenth defendants, whose involvement was minimal, should bear their own costs.

Parties
First Plaintiff: VC Investments Pty Ltd (ACN 161 700 974); Second Plaintiff: Virgil Chan; Sixth Defendant: Tomjo Nominees Pty Ltd (ACN 161 754 196); Seventh Defendant: Thomas MacDougall; Eighth Defendant: Devpri Pty Ltd (ACN 161 772 710); Ninth Defendant: Ajay Thakorlal; Tenth Defendant: Gularbre Pty Ltd (ACN 161 983 035); Eleventh Defendant: Shane Gavin Fernando; Twelfth Defendant: L Gibbs Enterprises Pty Ltd (ACN 600 426 248); Thirteenth Defendant: Leesa Gibbs
Jurisdiction
Australia
Judgment Date
03 June 2021
Procedural Posture
Interlocutory Application / Costs Determination Following Interlocutory Ruling
Outcome
Plaintiffs to pay the costs of the sixth to eleventh defendants; twelfth and thirteenth defendants to pay their own costs.
Legal Topics
Costs, Interlocutory Proceedings
Civil Procedure Costs Interlocutory Proceedings

Case Brief

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Parties

VC Investments Pty Ltd (ACN 161 700 974)

First Plaintiff

Virgil Chan

Second Plaintiff

Tomjo Nominees Pty Ltd (ACN 161 754 196)

Sixth Defendant

Thomas MacDougall

Seventh Defendant

Devpri Pty Ltd (ACN 161 772 710)

Eighth Defendant

Ajay Thakorlal

Ninth Defendant

Gularbre Pty Ltd (ACN 161 983 035)

Tenth Defendant

Shane Gavin Fernando

Eleventh Defendant

L Gibbs Enterprises Pty Ltd (ACN 600 426 248)

Twelfth Defendant

Leesa Gibbs

Thirteenth Defendant

Procedural Posture

Interlocutory Application / Costs Determination Following Interlocutory Ruling

Legal Issues

  1. 1 Who should bear the costs of the interlocutory application filed by the plaintiffs on 4 May 2021

Ratio Decidendi

The costs should follow the event: the plaintiffs lost on all substantial issues except for a peripheral matter, so plaintiffs must pay the costs of the sixth to eleventh defendants for the interlocutory process, while the twelfth and thirteenth defendants, whose involvement was minimal, should bear their own costs.

Court Disposition

Plaintiffs to pay the costs of the sixth to eleventh defendants; twelfth and thirteenth defendants to pay their own costs.

Orders

  • Order that the plaintiffs pay the costs of the sixth to eleventh defendants of the plaintiffs' interlocutory process filed on 4 May 2021 (as amended), as agreed or assessed.
  • Order that the twelfth and thirteenth defendants pay their own costs of that interlocutory process.