NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Perry v Kinnear & Ors (No. 6) [2021] NSWDC 273 Hearing dates: 7 May 2021 - (written submissions) 18 May 2021 - (written submissions) 27 May 2021 Date of orders: 27 May 2021 Decision date: 27 May 2021 Jurisdiction: Civil Before: Montgomery DCJ Decision: (1) I note the defendant's undertaking to file a notice of motion and pay the appropriate fee in regard to this application; (2) The notice of motion embodying the defendant's application for a special order for costs is dismissed; (3) Each party is to pay their own costs of the motion. Catchwords: COSTS — Party/Party — Bases of quantification — Indemnity basis CIVIL PROCEDURE – Procedural and Other Reasons Legislation Cited: Evidence Act 1995 (NSW) ss 131(1), ss 131(2)(h) Uniform Civil Procedure Rules 2005 (NSW) ss 20.26, 36.16, 36.16(3A), 42.13, 42.14, 42.15, 42.15A(2)(a), 42.15A(2)(b). Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Perry v Kinnear & Ors (No. 1) [2020] NSWDC 887 Perry v Kinnear & Ors (No. 2) [2020] NSWDC 888 Perry v Kinnear & Ors (No. 3) [2020] NSWDC 889 Perry v Kinnear & Ors (No. 4) [2020] NSWDC 890 Perry v Kinnear & Ors (No. 5) [2021] NSWDC 145 Category: Costs Parties: Mrs Isabell Perry (Plaintiff)
Mr Ian Kinnear (First Defendant)
Mrs Leisha Kinnear (Second Defendant) Representation: Mr D Elliott (Plaintiff)
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