Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Benson v Rational Entertainment Enterprises Ltd (No 2) [2018] NSWCA 148 Hearing dates: On the papers Decision date: 11 July 2018 Before: Beazley P, Leeming JA, Emmett AJA Decision: BY CONSENT, THE COURT ORDERS:
THE COURT ORDERS:
1. Judgment for the Appellant against the Fourth Respondent, Rational FT Enterprises Limited, in the sum of US$382,216.23.
2. The name of the Second Respondent upon all documents filed in these proceedings shall be taken to have been amended to the name “Amaya Group Limited.”
3. Vary order 4 made on 25 May 2018 so that it reads “The fourth respondent to pay the appellant’s costs of the appeal, exclusive of the costs of submissions on the form of the judgment, parties and costs.”
4. No order as to the costs of submissions on the form of the judgment, parties and costs, with the intent that the parties bear their own costs of those submissions.
5. The fourth defendant to pay the plaintiff’s costs at first instance.Catchwords: COSTS – plaintiff obtained judgment for US$285,000 plus interest against one of four defendants – all defendants located in Isle of Man – proceedings were appropriately commenced in Supreme Court – whether proceedings warranted continuation in Supreme Court after jurisdiction was confirmed – whether settlement offer to all defendants affected discretion as to costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.34 Cases Cited: Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111
Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268
Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344
Sahade v Bischoff (No 2) [2016] NSWCA 45Category: Costs Parties: Gary Benson (Appellant)
Rational Entertainment Enterprises Ltd (First Respondent)
Rational Group Ltd (Second Respondent)
Oldford Group Ltd (Third Respondent)
Rational FT Enterprises Ltd (Fourth Respondent)Representation: Counsel:
Solicitors:
M W Young SC (Appellant)
A R Zahra (Respondents)
H A Miedzinski Lawyers (Appellant)
Addisons Lawyers (Respondents)
File Number(s): 2017/242547 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Equity
- Citation:
- [2017] NSWSC 922
- Date of Decision:
- 13 July 2007
- Before:
- Hallen J
- File Number(s):
- 2014/336109
Judgment
-
THE COURT: By a judgment delivered on 25 May 2018, this Court allowed Mr Benson’s appeal in part and made provision for submissions on four ancillary matters arising out of its reasons: Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111. The parties have exchanged written submissions on those matters. Two matters are not in issue, and orders 1 and 2 below reflect the agreed position as to the judgment to be entered in favour of Mr Benson and against the fourth respondent, Rational FT Enterprises Ltd, including interest, and the correct name of the second respondent.
-
The outstanding issues are as to the costs at first instance and on appeal. This Court made no order as to the costs at first instance, in part because it appeared that there may have been an offer of compromise…
Keep reading for free
Create a free CaseChat account to read Benson v Rational Entertainment Enterprises Ltd (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] NSWCA 148
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the proceedings were appropriately commenced in the Supreme Court, whether the proceedings warranted continuation in that jurisdiction after jurisdiction was confirmed, and how a settlement offer made to all defendants affected the discretion of the court in awarding costs. The court was required to determine if the primary judge had erred in their assessment of costs, considering the circumstances of the litigation and the conduct of the parties.
The Court of Appeal, by consent, ordered judgment for the appellant against the fourth respondent in the sum of US$382,216.23. The court also ordered that the name of the second respondent be amended to "Amaya Group Limited" on all relevant documents. Regarding costs, the Court of Appeal varied the previous order to stipulate that the fourth respondent pay the appellant's costs of the appeal, excluding the costs associated with submissions on the form of the judgment, parties, and costs. The parties were to bear their own costs for those specific submissions. Furthermore, the fourth respondent was ordered to pay the plaintiff's costs at first instance.
Orders
Orders of the court
BY CONSENT, THE COURT ORDERS:
1. Judgment for the Appellant against the Fourth Respondent, Rational FT Enterprises Limited, in the sum of US$382,216.23.
2. The name of the Second Respondent upon all documents filed in these proceedings shall be taken to have been amended to the name “Amaya Group Limited.”
THE COURT ORDERS:
3. Vary order 4 made on 25 May 2018 so that it reads “The fourth respondent to pay the appellant’s costs of the appeal, exclusive of the costs of submissions on the form of the judgment, parties and costs.”
4. No order as to the costs of submissions on the form of the judgment, parties and costs, with the intent that the parties bear their own costs of those submissions.
5. The fourth defendant to pay the plaintiff’s costs at first instance.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.