Pastrello v Pastrello [2025] NSWSC 62

Pastrello v Pastrello [2025] NSWSC 62

The plaintiff acted reasonably in commencing proceedings after repeated unanswered requests; the defendants' failure to comply with document requests was unreasonable, justifying a limited costs order in the plaintiff's favour for pre-action correspondence and up to commencement and conduct of proceedings until November 2024; however, each party is to otherwise bear their own costs, reflecting the overlap with other litigation and the modest scale of these proceedings.

Parties
Plaintiff: Robert Pastrello; First Defendant: Eddy Pastrello; Second Defendant: Luisa Pastrello
Jurisdiction
Australia
Judgment Date
18 February 2025
Procedural Posture
Costs Application (equity Proceedings) / Post Discontinuance; Order for Costs in Chambers
Outcome
Limited order for costs in favour of plaintiff
Legal Topics
Costs, Director's Access to Documents, Discretion as to Costs Where No Trial on Merits
Equity Corporations Civil Procedure Costs Director's Access to Documents Discretion as to Costs Where No Trial on Merits

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Parties

Robert Pastrello

Plaintiff

Eddy Pastrello

First Defendant

Luisa Pastrello

Second Defendant

Procedural Posture

Costs Application (equity Proceedings) / Post Discontinuance; Order for Costs in Chambers

Legal Issues

  1. 1 Whether plaintiff was entitled to a costs order after discontinuance of proceedings for production of company books and records
  2. 2 Whether either party acted unreasonably so as to justify a special costs order where proceedings not tried on merits

Ratio Decidendi

The plaintiff acted reasonably in commencing proceedings after repeated unanswered requests; the defendants' failure to comply with document requests was unreasonable, justifying a limited costs order in the plaintiff's favour for pre-action correspondence and up to commencement and conduct of proceedings until November 2024; however, each party is to otherwise bear their own costs, reflecting the overlap with other litigation and the modest scale of these proceedings.

Court Disposition

Limited order for costs in favour of plaintiff

Orders

  • Defendants to pay plaintiff's costs of proceedings on the ordinary basis for pre-trial correspondence from 1 July 2023 to 30 November 2024.
  • Otherwise, each party to bear their own costs, including costs of the costs application.