NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Repfix Industries Pty Ltd v FBD Group Pty Ltd (No. 2) [2020] NSWDC 594 Hearing dates: On the papers Date of orders: 07 October 2020 Decision date: 07 October 2020 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 15 Catchwords: COSTS – plaintiff's claim rejected – defendant's application for costs to be paid on fixed sum basis – cross-claimant's claim only succeeded in recovery of nominal damages for breach of contract – whether cross-claimant should pay cross-defendant's costs of cross-claim – consideration of the 'event' for operation of ordinary rule as to costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 All ER 685 Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Bellgrove v Eldridge (1954) 90 CLR 613 Connolly v Sunday Times Publishing Co Limited and E W Finn (1908) 7 CLR 263 Grant v Brewarrina Shire Council (No. 3) (2003) 125 LGERA 348 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Repfix Industries Pty Ltd (Plaintiff/Cross-Defendant) FBD Group Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr B Ilkosvki for the plaintiff Mr M Sheldon for the defendant
Solicitors: Tom Howard Legal for the plaintiff 360 Legal for the defendant File Number(s): 2017/261010 Publication restriction: Nil
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