Perpetual Corporate Trust Ltd v Cousins [2014] NSWSC 1564

Perpetual Corporate Trust Ltd v Cousins [2014] NSWSC 1564

Because the guarantee provides for indemnity costs and default has occurred, indemnity costs must be ordered against the Second Defendant. When a defendant seeks leave to amend a defence, that party must pay the costs associated with granting the indulgence.

Parties
Plaintiff: Perpetual Corporate Trust Ltd; First Defendant: Colleen Judith Cousins; Second Defendant: Cousins Property Group Pty Ltd
Jurisdiction
Australia
Judgment Date
07 November 2014
Procedural Posture
Interlocutory Applications / Judgment on Motions for Strike Out, Summary Judgment and Costs
Outcome
Judgment for the Plaintiff against the Second Defendant; Defence of Second Defendant struck out; Costs orders made against Second and First Defendant as specified in the judgment.
Legal Topics
Costs, Guarantee, Judgment, Strike Out of Defence
Civil Procedure Contract Law Costs Guarantee Judgment Strike Out of Defence

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Parties

Perpetual Corporate Trust Ltd

Plaintiff

Colleen Judith Cousins

First Defendant

Cousins Property Group Pty Ltd

Second Defendant

Procedural Posture

Interlocutory Applications / Judgment on Motions for Strike Out, Summary Judgment and Costs

Legal Issues

  1. 1 Whether Plaintiff is entitled to indemnity costs against the Second Defendant under the guarantee
  2. 2 Whether the First Defendant should pay the costs of the Notices of Motion relating to the Defence

Ratio Decidendi

Because the guarantee provides for indemnity costs and default has occurred, indemnity costs must be ordered against the Second Defendant. When a defendant seeks leave to amend a defence, that party must pay the costs associated with granting the indulgence.

Court Disposition

Judgment for the Plaintiff against the Second Defendant; Defence of Second Defendant struck out; Costs orders made against Second and First Defendant as specified in the judgment.

Orders

  • The Second Defendant's Defence filed 18 August 2014 is struck out.
  • Judgment for the Plaintiff against the Second Defendant in the amount of $543,453.25.