Medina Property Services Pty Ltd v Starin Ltd as trustee of the Macquarie Business Centre Unit Trust (No 2) [2019] NSWSC 545

Medina Property Services Pty Ltd v Starin Ltd as trustee of the Macquarie Business Centre Unit Trust (No 2) [2019] NSWSC 545

Neither party capitulated nor acted so unreasonably as to justify an order for costs against the other; therefore, each party should bear its own costs from 20 December 2018.

Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Equity Duty List / Post Settlement Costs Application
Outcome
Each party pay its own costs of the proceedings on and from 20 December 2018. Confidentiality orders made as sought.
Legal Topics
['party/party Costs' 'discontinuance of Proceedings' 'conduct of Parties' 'confidentiality Orders']
['equity' 'costs'] ['party/party Costs' 'discontinuance of Proceedings' 'conduct of Parties' 'confidentiality Orders']

Case Brief

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Procedural Posture

Equity Duty List / Post Settlement Costs Application

Legal Issues

  1. 1 ['Whether costs should be ordered where proceedings resolve prior to final hearing' 'Whether conduct of either party justified departure from the general rule on costs' 'Whether confidentiality orders should be made regarding sensitive exhibits']

Ratio Decidendi

Neither party capitulated nor acted so unreasonably as to justify an order for costs against the other; therefore, each party should bear its own costs from 20 December 2018.

Court Disposition

Each party pay its own costs of the proceedings on and from 20 December 2018. Confidentiality orders made as sought.

Orders

  • ['Each party pay its own costs of the proceedings on and from 20 December 2018.' 'Pursuant to s 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) the exhibit marked Confidential Exhibit BMG7 and pages 79 to 246 of Exhibit NM-3 be kept confidential and access to those exhibits be restricted...