NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Tallina Pty Ltd v Haines (No 2) [2024] NSWSC 928 Hearing dates: On the papers Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: At [38] Catchwords: COSTS — Where amount recovered within jurisdictional limit of Local Court — Where proceedings commenced and continued in Supreme Court — Whether Court satisfied that commencement and continuation of proceedings in Supreme Court was warranted in circumstances where substance of plaintiff's claim was for unpaid rent and damages — Whether Court ought to deviate from starting position that costs follow the event Legislation Cited: Civil Procedure Act 2005 (NSW) ss 92, 98, 146 District Court Act 1973 (NSW) s 133 Supreme Court Act 1970 (NSW) s 75 Uniform Civil Procedure Rules 2005 (NSW) rr 16.6, 16.7, 42.1, 42.34 Cases Cited: Gladio Pty Ltd v Buckworth [2016] NSWCA 321 Lewis v Australian Capital Territory (2020) 271 CLR 192 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Sydney Local Health District v Macquarie International Health Clinic Pty Ltd (2020) 105 NSWLR 325. State of New South Wales v Quirk [2012] NSWCA 216 Category: Costs Parties: Tallina Pty Ltd (Plaintiff) Matthew David Haines (First Defendant) Lunatiques Renewed Pty Ltd (Second Defendant) Representation: Counsel: H Grace (Plaintiff)
Solicitors: Clayton Utz (Plaintiff) File Number(s): 2024/00094403 Publication restriction: Nil
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