White v Attwells (No 2) [2020] NSWSC 1837

Supreme Court New South Wales

Medium Neutral Citation: White v Attwells (No 2) [2020] NSWSC 1837 Hearing dates: On the papers Decision date: 16 December 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Subject to order (2) below, confirm that, in accordance with Uniform Civil Procedure Rules 2005 (NSW), r 42.19, the plaintiff must pay such of the defendant's costs as, at 20 November (being the date on which the statement of claim was discontinued by the plaintiff), had been incurred by the defendant in relation to the claims in the statement of claim. (2) Order that the costs of the plaintiff's notice of motion filed 31 March 2020, the costs of the defendant's amended notice of motion filed 30 March 2020 and the costs of the cross-claim be excluded from order (1) above. (3) In respect of the plaintiff's notice of motion filed 31 March 2020 and the defendant's amended notice of motion filed 30 March 2020, order the plaintiff to pay half the defendant's costs of the motions. Catchwords: COSTS — Party/Party — Where one party successful — Where successful party prolonged proceedings — Whether costs awarded to successful party ought be discounted COSTS — Party/Party — Where proceedings discontinued by plaintiff — Where discontinuance not a result of settlement — Whether plaintiff ought pay costs of defendant Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.19 Cases Cited: White v Attwells [2020] NSWSC 1520 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 Category: Costs Parties: Gary Alan White (Plaintiff / Cross-defendant) Noel Bruce Attwells (Defendant / Cross-claimant) Representation: Counsel: J K Raftery (Plaintiff / Cross-defendant) R D Newell (Defendant/Cross-claimant)