GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 7) [2024] NSWSC 1187

GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 7) [2024] NSWSC 1187

Where a contempt application has failed and there exists no special reason to depart from the usual practice, plaintiffs should pay the successful respondents’ costs of the application, such costs to be assessed and payable forthwith.

Parties
First Plaintiff/applicant: GEMI 169 Pty Ltd; Second Plaintiff/applicant: GI 214 Pty Ltd; Third Defendant/first Respondent: F & L Violi Pty Ltd; Fourth Defendant/second Respondent: Frank Paul Violi
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Interlocutory Application (costs in Contempt Proceedings) / Post Judgment (costs Order Following Determination of Contempt Application)
Outcome
Application for contempt dismissed; plaintiffs ordered to pay respondents’ costs forthwith
Legal Topics
Costs, Contempt of Court, Interlocutory Proceedings
Civil Procedure Equity Costs Contempt of Court Interlocutory Proceedings

Case Brief

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Parties

GEMI 169 Pty Ltd

First Plaintiff/applicant

GI 214 Pty Ltd

Second Plaintiff/applicant

F & L Violi Pty Ltd

Third Defendant/first Respondent

Frank Paul Violi

Fourth Defendant/second Respondent

Procedural Posture

Interlocutory Application (costs in Contempt Proceedings) / Post Judgment (costs Order Following Determination of Contempt Application)

Legal Issues

  1. 1 Whether costs of the failed contempt application should be paid by the plaintiffs to the third and fourth defendants
  2. 2 Whether conduct of respondents or lateness of defence disclosure affects the costs outcome

Ratio Decidendi

Where a contempt application has failed and there exists no special reason to depart from the usual practice, plaintiffs should pay the successful respondents’ costs of the application, such costs to be assessed and payable forthwith.

Court Disposition

Application for contempt dismissed; plaintiffs ordered to pay respondents’ costs forthwith

Orders

  • Plaintiffs pay the third and fourth defendants' costs of the contempt application; costs be assessed and payable forthwith