NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Lowe & Anor v Tu & Anor (No 2) [2021] NSWDC 438 Hearing dates: 20 August 2021 (Written Submissions) Date of orders: 25 August 2021 Decision date: 25 August 2021 Jurisdiction: Civil Before: Coleman SC DCJ Decision: 1. The defendants are to pay the plaintiffs' costs of the proceedings. Catchwords: COSTS – Costs Assessment – General Rule that Costs Follow the Event – Uniform Civil Procedure Rules 2005 (NSW) – Court's Discretion to Make Costs Orders Notwithstanding the General Rule – Civil Procedure Act 2005 (NSW) s 98(1) – Whether the Court Should Exercise that Discretion Legislation Cited: Civil Procedure Act 2005 (NSW) ss56, 57, 60, 98(1) Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Anglo‑Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Hooker v Gilling (No 2) [2007] NSWCA 214 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Texts Cited: N/A Category: Costs Parties: Mr Geoffrey Lowe (First Plaintiff) Mrs Mary Lowe (Second Plaintiff) Mrs Shiu Sing Sze Tu (First Defendant) Mr Shiu Sze Tu (Second Defendant) Representation: Counsel: Ms M Castle (First & Second Plaintiffs) Ms J McDonald (First & Second Defendants)
Solicitors: HWL Ebsworth Lawyers (First & Second Plaintiffs) CLS Legal (First & Second Defendants) File Number(s): 2021/85346 Publication restriction: N/A
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