NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lieschke v Lieschke (Costs) [2023] NSWSC 92 Hearing dates: On the papers Date of orders: 16 February 2023 Decision date: 16 February 2023 Jurisdiction: Equity - Commercial Arbitration List Before: Rees J Decision: See [44]. Catchwords: COMMERCIAL ARBITRATION — costs of failed arbitration — s 33D, Commercial Arbitration Act 2010 (NSW) – principles at [3]-[9] – both parties responsible to some extent — costs to be their respective costs in the new arbitration. Legislation Cited: Commercial Arbitration Act 2010 (NSW) s 33D Cases Cited: Downer EDI Rail Pty Ltd v John Holland Pty Ltd [2018] NSWSC 581 Traynor v Panan Constructions Pty Ltd (1988) 7 Aust Construction LR 47 Du Toit v Vale (1993) 9 WAR 138 Giustiniano Nominees Pty Ltd v The Minister for Works (Unreported, Full Court of Supreme Court of Western Australia, 1 December 1995) Mond v Berger [2004] VSC 150 Category: Costs Parties: Errol Lieschke (Plaintiff) Malcolm Lieschke (First Defendant) Michelle Lieschke (Second Defendant) John McGruther (Third Defendant – submitting appearance) Representation: Counsel: Mr G Burton SC / Mr J O'Sullivan (Plaintiff) Dr CJ Birch SC / Mr J Mack (First and Second Defendants)
Solicitors: Jarratt Webb & Barrett (Plaintiff) Walsh Blair (First and Second Defendants) File Number(s): 2022/119891
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