NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: RWSC Pty Ltd v Gregory & Anor [2021] NSWSC 427 Hearing dates: 7 and 9 April 2021; written submissions 19, 20 and 26 April 2021 Date of orders: 27 April 2021 Decision date: 27 April 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Costs of the plaintiff's Notice of Motion 24 February 2021 to be the plaintiff's costs in the cause Catchwords: COSTS – motion for determination of separate question – amendment to Commercial List Cross-Claim Statement made when motion part heard had effect that any answer to separate question would not be relevantly dispositive - whether motion for separate question would have been brought had the foreshadowed amendment been made earlier - whether separate question likely to have been ordered in any event Legislation Cited: Property and Stock Agents Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kockums AB v Commonwealth of Australia [2002] FCAFC 138 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Tilling v Whiteman [1980] AC 1 Category: Procedural rulings Parties: RWSC Pty Ltd (Plaintiff) William Gregory (First Defendant) The Gregory Investments Group Pty Ltd (Second Defendant) Representation: Counsel: E Young with L Robb-Vujcic (Plaintiff) N Furlan (Defendants)
Solicitors: Antcliffe:Scott (Plaintiff) Henry William Lawyers (Defendants) File Number(s): 2020/277356
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