Macarthur Farm Pty Ltd (Receivers and Managers Appointed) v Warneet Super Pty Ltd (Costs) [2024] NSWSC 621

Macarthur Farm Pty Ltd (Receivers and Managers Appointed) v Warneet Super Pty Ltd (Costs) [2024] NSWSC 621

Indemnity costs are ordered against the First Plaintiff pursuant to the contractual provisions entitling the defendants to those costs. The Second Plaintiff is only liable for costs on the ordinary basis, as he is not a party to the relevant contractual instruments and no relevant conduct warrants indemnity costs against him.

Parties
First Plaintiff: Macarthur Farm Pty Ltd ACN 667 935 971 (Receivers and Managers Appointed); Second Plaintiff: Thomas Peter Crown; First Defendant: Warneet Super Pty Ltd ACN 163 164 921 as trustee for Warneet Super Fund ABN 67 810 588 968; Second Defendant: Rahul Goyal; Third Defendant: Barry Wight
Jurisdiction
Australia
Judgment Date
23 May 2024
Procedural Posture
Costs Application / Post Judgment Costs Determination
Outcome
Costs awarded for defendants; indemnity costs against First Plaintiff, ordinary costs against Second Plaintiff
Legal Topics
Costs, Indemnity Costs, Contractual Entitlement to Costs
Equity Costs Indemnity Costs Contractual Entitlement to Costs

Case Brief

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Parties

Macarthur Farm Pty Ltd ACN 667 935 971 (Receivers and Managers Appointed)

First Plaintiff

Thomas Peter Crown

Second Plaintiff

Warneet Super Pty Ltd ACN 163 164 921 as trustee for Warneet Super Fund ABN 67 810 588 968

First Defendant

Rahul Goyal

Second Defendant

Barry Wight

Third Defendant

Procedural Posture

Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the defendants are entitled to indemnity costs from the plaintiffs under contractual instruments
  2. 2 Whether indemnity costs should be ordered against the second plaintiff, who was not a party to the contractual instruments

Ratio Decidendi

Indemnity costs are ordered against the First Plaintiff pursuant to the contractual provisions entitling the defendants to those costs. The Second Plaintiff is only liable for costs on the ordinary basis, as he is not a party to the relevant contractual instruments and no relevant conduct warrants indemnity costs against him.

Court Disposition

Costs awarded for defendants; indemnity costs against First Plaintiff, ordinary costs against Second Plaintiff

Orders

  • The First Plaintiff is to pay the Defendants' costs of the proceedings on the indemnity basis.
  • The Second Plaintiff is to pay the Defendants' costs of the proceedings on the ordinary basis.