Derek Larsen as Trustee for the Larsen Superannuation Fund & Anor v Tastec Pty Ltd ACN 051516682 (No 2) [2025] NSWDC 16

Derek Larsen as Trustee for the Larsen Superannuation Fund & Anor v Tastec Pty Ltd ACN 051516682 (No 2) [2025] NSWDC 16

The plaintiffs were wholly unsuccessful on the remitter; the defendants are entitled to an award of costs on the ordinary basis. The circumstances of the settlement offer and rejection support indemnity costs from 7:10pm on 22 July 2021, except for the costs of the defendants' motion of 30 December 2021 (ordinary basis).

Parties
First Plaintiff: Derek Larsen as Trustee for the Larsen Superannuation Fund (ABN 95 894 143 943); Second Plaintiff: Floyd Larsen as Trustee for the Larsen Superannuation Fund (ABN 95 894 143 943); First Defendant: Tastec Pty Ltd (formerly Wonders Building Company Pty Limited) (ACN 051 516 682); Second Defendant: Stephen Sainsbury
Jurisdiction
Australia
Judgment Date
19 February 2025
Procedural Posture
Civil / Costs Determination Following Remitter
Outcome
Plaintiffs ordered to pay defendants' costs as specified.
Legal Topics
Costs Discretion, Remitter, Australian Consumer Law
Costs Costs Discretion Remitter Australian Consumer Law

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Parties

Derek Larsen as Trustee for the Larsen Superannuation Fund (ABN 95 894 143 943)

First Plaintiff

Floyd Larsen as Trustee for the Larsen Superannuation Fund (ABN 95 894 143 943)

Second Plaintiff

Tastec Pty Ltd (formerly Wonders Building Company Pty Limited) (ACN 051 516 682)

First Defendant

Stephen Sainsbury

Second Defendant

Procedural Posture

Civil / Costs Determination Following Remitter

Legal Issues

  1. 1 Whether defendants are entitled to costs of the remitter
  2. 2 Whether defendants are entitled to costs of District Court proceedings before Gibb DCJ on an indemnity basis from 7:10pm on 22 July 2021

Ratio Decidendi

The plaintiffs were wholly unsuccessful on the remitter; the defendants are entitled to an award of costs on the ordinary basis. The circumstances of the settlement offer and rejection support indemnity costs from 7:10pm on 22 July 2021, except for the costs of the defendants' motion of 30 December 2021 (ordinary basis).

Court Disposition

Plaintiffs ordered to pay defendants' costs as specified.

Orders

  • The plaintiffs are to pay the defendants' costs of the remitter on the ordinary basis.
  • The plaintiffs are to pay the costs of the District Court proceedings before Gibb DCJ on the ordinary basis up until 7:10pm on 22 July 2021 and on the indemnity basis as and from 7:10pm on that date (save for the costs of the defendants' motion of 30 December 2021 which the plaintiffs are to pay on the ordinary basis).