Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited (No 3) [2025] NSWSC 18

Supreme Court New South Wales

Medium Neutral Citation: Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited (No 3) [2025] NSWSC 18 Hearing dates: On the papers Date of orders: 7 February 2025 Decision date: 07 February 2025 Jurisdiction: Common Law Before: Davies J Decision: (1) In respect of the plaintiff's amended notice of motion filed 5 September 2024 and the defendants' notice of motion filed 4 September 2024, there should be no order as to costs to the intent that each of the parties bear their own costs of each motion. Catchwords: COSTS – party/party – court's discretion – whether r 42.7 of the UCPR had been displaced – where each party had a measure of success – where each party to bear their own costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Evidence Act 1995 (NSW) s 126B Uniform Civil Procedure Rules 2005 (NSW) r 42.7 Cases Cited: Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261; [1993] FCA 346 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Hargood v OHTL Public Company Ltd (No 2) [2015] NSWSC 511 In the Matter of Elsmore Resources Limited [2014] NSWSC 1390 Mundi v Hesse [2018] NSWSC 1548 Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31 Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited [2024] NSWSC 1462 Topine v Canterbury Bankstown Bulldogs Rugby League Club Limited (No 2) [2024] NSWSC 1607 Wilson v Gilles (No 2) [2020] NSWSC 658 Texts Cited: Nil Category: Costs Parties: Jackson Topine (Plaintiff) Canterbury Bankstown Bulldogs Rugby League Club Limited (First Defendant) Travis Touma (Second Defendant) Representation: Counsel: On the papers