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[2022] NSWSC 1165

Franklin Yeezy Holdings atf Franklin Yeezy Holdings Trust v Paligaru (No 2)

Respondent to pay first defendant’s costs of its application to set aside judgment

Catchwords

COSTS – where respondent joined as contradictor to first defendant’s application to set aside judgment – where respondent’s evidence revealed reason why judgment should be set aside – whether respondent should pay first defendant’s costs of the application

Cases cited

  • Franklin Yeezy Holdings atf Franklin Yeezy Holdings Trust v Paligaru[2022] NSWSC 933

Judgment

  1. [1]

    For the reasons set out in my judgment of 11 July 2022 [1] I set aside a judgment entered against the first defendant, Mr Ralph Paligaru, on 11 September 2020.

  2. [2]

    That was because the evidence adduced by Mr Mark Smith, who purported to be Mr Paligaru’s contradictor, showed that the punitive judgment creditor had no standing to enter judgment against Mr Paligaru. [2]

  3. [3]

    Mr Paligaru now seeks an order that Mr Smith pay his costs of the application to set aside the judgment.

  4. [4]

    I am persuaded that I should make such an order because:

  5. [5]

    I order that Mark James Smith pay the costs of Mr Paligaru’s Notice of Motion of 2 March 2021.

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.