Management Services Australia Pty Ltd v PM Works Pty Ltd (No. 2) [2018] NSWSC 336

Management Services Australia Pty Ltd v PM Works Pty Ltd (No. 2) [2018] NSWSC 336

Costs follow the event. The plaintiff is to pay the defendants' costs, excluding costs related to withdrawn affidavits; indemnity costs apply from the offer date as there are no extra-ordinary circumstances to displace UCPR 42.15A. Third party costs order against Mr Finnerty is not justified solely by his role and interest; more is required to pierce the corporate veil.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Costs Application Following Trial / Post Judgment, Costs Determination
Outcome
Orders made as per reasons: Plaintiff to pay defendants' costs (excluding Shaw affidavits), with set-off for plaintiff's costs regarding withdrawn affidavits. Indemnity costs from 8 September 2017. Application for third party costs order against Mr Finnerty dismissed. Costs of costs applications to lie where they fall.
Legal Topics
['costs' 'offers of Compromise' 'corporate Veil' 'third Party Costs Order' 'affidavits' 'judicial Discretion in Costs']
['equity' 'commercial Law' 'civil Procedure'] ['costs' 'offers of Compromise' 'corporate Veil' 'third Party Costs Order' 'affidavits' 'judicial Discretion in Costs']

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Procedural Posture

Costs Application Following Trial / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Should the general rule that costs follow the event be displaced in this case?' 'Are the defendants entitled to indemnity costs from the date of their offer of compromise under UCPR 42.15A?' 'Should a third party costs order be made against Mr Finnerty, the principal of PPPM?' 'How should the costs associated with late-withdrawn affidavits be addressed?']

Ratio Decidendi

Costs follow the event. The plaintiff is to pay the defendants' costs, excluding costs related to withdrawn affidavits; indemnity costs apply from the offer date as there are no extra-ordinary circumstances to displace UCPR 42.15A. Third party costs order against Mr Finnerty is not justified solely by his role and interest; more is required to pierce the corporate veil.

Court Disposition

Orders made as per reasons: Plaintiff to pay defendants' costs (excluding Shaw affidavits), with set-off for plaintiff's costs regarding withdrawn affidavits. Indemnity costs from 8 September 2017. Application for third party costs order against Mr Finnerty dismissed. Costs of costs applications to lie where they fall.

Orders

  • ["Subject to specified exceptions, plaintiff to pay defendants' costs of the proceedings." 'Costs payable are not to include costs referable to the affidavits of Gareth Douglas Shaw.' "Defendants to pay plaintiff's costs of considering and replying to Shaw affidavits and preparing cross-examination." 'Costs under...