NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hunt Leather Pty Ltd v Transport for NSW (No 5) [2024] NSWSC 776 Hearing dates: 13 June 2024 Date of orders: 24 June 2024 Decision date: 24 June 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: See [33]-[35] Catchwords: COSTS – apportionment of costs where there has been mixed success in proceedings – class action brought by individual and corporate plaintiffs for public and private nuisance arising from Sydney Light Rail construction – individual plaintiffs failed to establish a claim in public nuisance – plaintiffs unsuccessful with respect to common questions 10 and 11, which were subject to separate hearing – appropriate basis for apportioning costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42 Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd [2011] NSWSC 1425 Avopiling Pty Ltd v Bosevski (2018) 98 NSLWR 171 Elite Protective Personnel Pty Ltd v Salmon [2007] NSWCA 322 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Hunt Leather Pty Ltd (First Plaintiff) Sophie Hunt (Second Plaintiff) Ancio Investments Pty Ltd (Third Plaintiff) Nicholas Zisti (Fourth Plaintiff) Transport for NSW (Defendant) Representation: Counsel: A Hochroth (Plaintiffs) R Thrift (Defendant)
Solicitors: Banton Group (Plaintiffs) Lander & Rogers (Defendant) File Number(s): 2018/263841 Publication restriction: Nil
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