Lauvan Pty Limited v Bega (No 3) [2018] NSWSC 423

Lauvan Pty Limited v Bega (No 3) [2018] NSWSC 423

Mr Ciappara was to pay the cross-defendants' costs because the third cross-claim was dismissed. Mrs Bega was required to indemnify him for the costs payable to Lauvan and Mittabell and to pay 30 percent of his own costs because her second cross-claim was the catalyst for the third cross-claim against the plaintiffs, the claim against the plaintiffs was principally based on allegations she made, and it failed only because her second cross-claim failed. Mrs Bega was not required to bear the costs relating to Aidan Bega and AB Veritas because the allegations against them were materially different from her defence and second cross-claim and it was not reasonable to pass those costs on to her.

Jurisdiction
Australia
Judgment Date
10 April 2018
Procedural Posture
Costs of Third Cross Claim / On the Papers Following Dismissal of the First, Second and Third Cross Claims
Outcome
Costs orders made for the third cross-claim.
Legal Topics
['costs of Cross Claims' 'third Party Proceedings' 'contribution and Indemnity' 'costs Following the Event' 'discretion as to Costs']
['civil Procedure' 'costs'] ['costs of Cross Claims' 'third Party Proceedings' 'contribution and Indemnity' 'costs Following the Event' 'discretion as to Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs of Third Cross Claim / On the Papers Following Dismissal of the First, Second and Third Cross Claims

Legal Issues

  1. 1 ['Whether Mr Ciappara should pay the costs of the cross-defendants to the third cross-claim.' 'Whether Mrs Bega should indemnify Mr Ciappara for costs he was liable to pay to the cross-defendants to the third cross-claim.' "Whether Mrs Bega should pay Mr Ciappara's own costs of the third cross-claim." 'Whether it was reasonable for Mr Ciappara to bring the third cross-claim against Lauvan, Mittabell, Aidan Bega and AB Veritas.' "Whether Mrs Bega's second cross-claim was the catalyst for the third cross-claim."]

Ratio Decidendi

Mr Ciappara was to pay the cross-defendants' costs because the third cross-claim was dismissed. Mrs Bega was required to indemnify him for the costs payable to Lauvan and Mittabell and to pay 30 percent of his own costs because her second cross-claim was the catalyst for the third cross-claim against the plaintiffs, the claim against the plaintiffs was principally based on allegations she made, and it failed only because her second cross-claim failed. Mrs Bega was not required to bear the costs relating to Aidan Bega and AB Veritas because the allegations against them were materially different from her defence and second cross-claim and it was not reasonable to pass those costs on to her.

Court Disposition

Costs orders made for the third cross-claim.

Orders

  • ['Mr Ciappara pay the costs of the cross-defendants (Lauvan Pty Limited, Mittabell Pty Limited, Aidan Bega and AB Veritas Pty Ltd) to the third cross-claim.' 'Mrs Bega pay to Mr Ciappara the costs which Mr Ciappara is liable to pay pursuant to order (1) to the first and second cross-defendants (Lauvan Pty Ltd and...