NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: FitzGerald v Foxes Lane (NSW) Pty Ltd (No 2) [2024] NSWSC 1458 Hearing dates: On the papers Date of orders: 18 November 2024 Decision date: 18 November 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: (1) The plaintiff's application for a variation of Order 5 made by the Court on 21 October 2024 is dismissed. (2) The plaintiff to pay the defendants' costs of his application for costs made on 28 October 2024, as agreed or assessed. Catchwords: COSTS — Party/Party — Court's discretion — Whether there should be apportionment of costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Conveyancing Act 1919 (NSW) s 89 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Access Training Group Ltd v Jane [2024] NSWCA 204 Creak v Ford Motor Co of Australia Ltd (No 2) [2023] NSWCA 323 FitzGerald v Foxes Lane (NSW) Pty Ltd [2024] NSWSC 1312 Category: Costs Parties: Joseph Roger FitzGerald (Plaintiff) Foxes Lane (NSW) Pty Ltd (First Defendant) Gerardus Johannes Jacobus Kurstjens (Second Defendant) Maria Mattheiu Elisabeth Kurstjens (Third Defendant) Representation: Counsel: J Hutton SC and P Springthorpe (Plaintiff) T Alexis SC and J Smith (Defendants)
Solicitors: Baker Deane & Nutt (Plaintiff) Cole & Butler Solicitors (Defendants) File Number(s): 2022/00348117 Publication restriction: Nil
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