Pursell v Eversham Close Pty Ltd (No 2) [2020] NSWDC 373

District Court New South Wales

Medium Neutral Citation: Pursell v Eversham Close Pty Ltd (No 2) [2020] NSWDC 373 Hearing dates: Defendant's written submissions – 3 March 2020 Plaintiff's written submissions – 9 March 2020 Date of orders: 23 March 2020 Decision date: 23 March 2020 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: (1) Verdict and judgment for the Plaintiff in the sum of $11,900 (2) The Defendant is to pay interest on the said sum on the amount from 12 December 2017 to date in accordance with s 100 of the 2005 Act and District Court Practice Note 15 clause 5 (3) No order as to costs with the view that each party is to pay their own costs Catchwords: COSTS – Whether s 208 of the Residential Tenancies Act 2010 (NSW) applied – Jurisdiction of the District Court – Whether r 42.35 of the Uniform Civil Procedure Rules applied Legislation Cited: Civil Procedure Act 2005 (NSW), ss 62(3), 100, 135 District Court Act 1973 (NSW), s 44 Residential Tenancies Act 1987 (NSW) s 120A Residential Tenancies Act 2010 (NSW), ss 187, 208 Residential Tenancy Regulation 2010 (NSW), reg 23 Strata Management Act 1996 (NSW), s 226(2) Uniform Civil Procedure Rules 2005, rules 42.1, 42.15, 42.35 Cases Cited: Averkin v Insurance Australia Ltd (No 2) [2016] NSWCA 150 Calderbank v Calderbank [1975] 3 All ER 333 EB 9 & 10 Pty Ltd v The Owners SP 934 (No 2) [2018] NSWSC 546 EB 9 & 10 Pty Ltd v The Owners Strata Plan 934 [2018] NSWCA 288 Pursell v Eversham Close Pty Ltd [2020] NSWDC 372 R v Bowen [1997] 2 Qd R 379 Shield Mercantile Pty Ltd v Citigroup Pty Ltd [2013] NSWSC 287 Singapore Airlines Cargo Pty Limited v Principle International Pty Ltd (No 2) [2017] NSWCA 340 Texts Cited: Allan Anforth, Peter Christensen, Christopher Adkins, Residential Tenancies Law and Practice New South Wales (Federation Press, 7th ed, 2017) Explanatory Note, Residential Tenancies Bill 2010 (NSW) New South Wales, Parliamentary Debates, Legislative Assembly, 10 November 1988, (Mr Schipp, Minister for Housing) Category: Costs Parties: Bruce Alan Pursell (Plaintiff) Eversham Close Pty Ltd (Defendant) Representation: Counsel: Mr S.J. McMahon (Plaintiff) Mr J McKenzie (Defendant)