Precision Flooring Pty Ltd v Armstrong [2022] NSWSC 1006

Supreme Court New South Wales

Medium Neutral Citation: Precision Flooring Pty Ltd v Armstrong [2022] NSWSC 1006 Hearing dates: On the papers Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Common Law Before: Walton J Decision: The plaintiff should bring in Short Minutes of Order reflecting this decision within 3 days of publication of the judgment. Catchwords: COSTS – appeal – Civil Procedure Act 2005 (NSW) s 98 – Uniform Civil Procedure Rules 2005 (NSW) r 42.1 – discretion as to costs – costs should follow the event – order as to costs of appeal – costs of Local Court proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Competition and Consumer Act 2010 (Cth) Local Court Act 2007 (NSW), s 41 Suitors' Fund Act 1951 (NSW), s 6(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: IAG Ltd t/as NRMA Insurance v Abiad [2018] NSWSC 1603 Insurance Commission of Western Australia v Gargoura [2020] NSWSC 1786 Moseley v AB (No 2) [2017] NSWSC 1812 Precision Flooring Pty Ltd v Armstrong (Unrep, Local Court of New South Wales, Baptie LCM, 25 October 2019) Precision Flooring v Armstrong [2021] NSWSC 844 Category: Costs Parties: Precision Flooring Pty Ltd (Plaintiff) Sandra Armstrong (Defendant) Representation: Counsel: D Feller SC (Plaintiff) E Peden SC with T Bateman (Defendant)

Solicitors: Vincent Young (Plaintiff) McLean & Associates (Defendant) File Number(s): 2019/365342