Diaz v Ruddock; Attie v Ruddock (No 2) [2021] NSWSC 908

Supreme Court New South Wales

Medium Neutral Citation: Diaz v Ruddock; Attie v Ruddock (No 2) [2021] NSWSC 908 Hearing dates: 23 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Equity Before: Kunc J Decision: Plaintiff to pay defendants' costs Catchwords: COSTS — Party/Party — General rule that costs follow the event — Costs of parties up to entry of submitting appearance EQUITY — Equitable remedies — Declarations and injunctions — Obligation to consult — Not appropriate to grant declaration or injunction where content of obligation fact specific and occasion for consultation had not yet arisen Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Diaz v Ruddock; Attie v Ruddock [2021] NSWSC 881 EB 9 & 10 Pty Ltd v Owners Strata Plan 934 (2018) 98 NSWLR 889; [2018] NSWCA 288 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Zaiter v Ruddock [2021] NSWSC 880 Category: Costs Parties: 2021/192982 Jess Diaz (First Plaintiff) Peter Camilleri (Second Plaintiff)

2021/194083 Ned Attie (Plaintiff)

Defendants in both proceedings Phillip Ruddock (First Defendant) Chris Stone (Second Defendant) Penny George (Third Defendant) Christopher Rath (Fourth Defendant) Tobias Lehmann (Fifth Defendant) Aileen MacDonald (Sixth Defendant) Mary-Lou Jarvis (Seventh Defendant) Matthew Camenzuli (Eighth Defendant) Representation: Counsel: