NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McVicar v Hanson Construction Materials Pty Ltd [2024] NSWSC 175 Hearing dates: 27 February 2024 Date of orders: 27 February 2024 Decision date: 27 February 2024 Jurisdiction: Common Law Before: Garling J Decision: 1. Summons dismissed. 2. Plaintiff to pay the defendant's costs. Catchwords: COSTS – Party/party costs – General rule that costs follow the event – Application of the rule and discretion – Appeal from a Local Court decision as to costs – Whether the costs order was disproportionate to the dispute. Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Uniform Civil Procedure Rules Cases Cited: Ackerman v Morgan [2019] NSWSC 1250 Calderbank v Calderbank [1975] 3 All ER 333 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Nanschild v Pratt [2011] NSWCA 85 Texts Cited: Not Applicable Category: Principal judgment Parties: Donna-Maree McVicar (P) Hanson Construction Materials Pty Ltd (D) Representation: Counsel: M Bennett (P) R Gall (D)
Solicitors: Emerson Lewis (P) Patane Law (D) File Number(s): 2023/333509 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Civil Date of Decision: 07 August 2023 Before: Barko LCM File Number(s): 2023/333509
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