Remnant v Samuels Transport Services Pty Limited t/as Samuels Transport and Couriers [2021] NSWSC 203

Supreme Court New South Wales

Medium Neutral Citation: Remnant v Samuels Transport Services Pty Limited t/as Samuels Transport and Couriers [2021] NSWSC 203 Hearing dates: On the papers Decision date: 10 March 2021 Jurisdiction: Common Law Before: Adamson J Decision: Order the plaintiff to pay the defendants' costs of the appearance on 2 March 2021. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 23.4 Civil Procedure Act 2005 (NSW), s 56 Category: Costs Parties: Natalie Robyn Remnant (Plaintiff) Samuels Transport Services Pty Ltd t/as Samuels Transport & Couriers (First Defendant) Elgas Limited (Second Defendant) Representation: Counsel: P A Beale (Plaintiff) M E Kinna (First Defendant) J F Clohesy (Second Defendant)

Solicitors: CMC Lawyers (Plaintiff) Colin Biggers & Paisley (First Defendant) Wotton + Kearney (Second Defendant) File Number(s): 2017/232844

Judgment

Introduction 1. Natalie Remnant (the plaintiff) claims damages against Samuels Transport Services Pty Ltd (the first defendant) and Elgas Limited (the second defendant) for injuries she sustained as a result of their alleged negligence when gas was delivered to her home by the defendants. The proceedings were commenced by statement of claim filed on 31 July 2017 and have had a lengthy history. There have been several directions hearings and several attempts to resolve the proceedings, including by mediation.