Ryde Ex Services Memorial and Community Club Ltd v Kaloriziko Ryde Pty Ltd (No 2) [2018] NSWSC 317

Ryde Ex Services Memorial and Community Club Ltd v Kaloriziko Ryde Pty Ltd (No 2) [2018] NSWSC 317

The Plaintiff must pay the Second Defendant’s costs of proceedings only to the extent they relate solely to the guarantor claim including the application for costs because r 42.19(2) applies, and there was no sufficient principled reason to depart from the rule, given the nature of the claims involving the Second...

Source-derived case information.

Parties
Plaintiff: Ryde Ex Services Memorial and Community Club Ltd; First Defendant: Kaloriziko Ryde Pty Ltd; Second Defendant: Greg Gav; Third Defendant: Marwan Chanine
Jurisdiction
Australia
Judgment Date
12 March 2018
Procedural Posture
Civil / Post Discontinuance, Costs Determination
Outcome
Plaintiff ordered to pay costs of Second Defendant to the extent referable solely to guarantor role and costs of the application; Plaintiff to pay costs of Third Defendant; Otherwise, no order as to costs between Plaintiff and First and Second Defendants.
Legal Topics
Costs, Discontinuance of Proceedings, Multiple Defendants
Civil Procedure Costs Discontinuance of Proceedings Multiple Defendants

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Summary, issues, holding and outcome

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Parties

Ryde Ex Services Memorial and Community Club Ltd

Plaintiff

Kaloriziko Ryde Pty Ltd

First Defendant

Greg Gav

Second Defendant

Marwan Chanine

Third Defendant

Procedural Posture

Civil / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Who should bear the costs upon discontinuance where there are multiple defendants including a guarantor
  2. 2 Whether the plaintiff should pay the second defendant’s costs solely referable to his role as guarantor
  3. 3 Whether the Court should depart from the ordinary costs rule under UCPR r 42.19(2)

Ratio Decidendi

The Plaintiff must pay the Second Defendant’s costs of proceedings only to the extent they relate solely to the guarantor claim including the application for costs because r 42.19(2) applies, and there was no sufficient principled reason to depart from the rule, given the nature of the claims involving the Second Defendant.

Court Disposition

Plaintiff ordered to pay costs of Second Defendant to the extent referable solely to guarantor role and costs of the application; Plaintiff to pay costs of Third Defendant; Otherwise, no order as to costs between Plaintiff and First and Second Defendants.

Orders

  • The plaintiff must pay the first and second defendant’s costs of the proceedings to the extent solely referable to the plaintiff's claim against the second defendant as guarantor, including costs of the application for costs.
  • Otherwise, no order as to costs between the plaintiff and the first and second defendants.