NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: White v Attwells [2021] NSWSC 1304 Hearing dates: 12 October 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Each party is to bear its own costs of the Notice of Motion filed on 5 May 2021 and the Amended Notice of Motion filed on 29 September 2021. (2) The Amended Notice of Motion is otherwise dismissed. (3) The "Fees Proceedings" are stood over for directions before the Registrar on 18 October 2021 at 9am for case management. (4) The parties are to courteously liaise regarding proposed necessary orders for the final stages of preparation of these proceedings for the hearing listed on 22 November 2021 and attempt to agree on those orders. Catchwords: CIVIL PROCEDURE – costs – costs of notice of motion – indemnity costs order sought payable forthwith – failure to invoke liberty to apply – unnecessary notice of motion – each party to bear its own costs Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58 & 59 Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Gary Alan White (Plaintiff) Noel Bruce Attwells (Defendant) Representation: Counsel: M Davis (Plaintiff) R Newell (Defendant)
Solicitors: Gary Alan White (Self-Represented) L.C. Muriniti & Associates (Defendant) File Number(s): 2017/239938 Publication restriction: Nil
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