Mills v Perpetual Trustees Limited (Costs) [2007] NSWDC 341

New South Wales District Court

CITATION: Mills v Perpetual Trustees Limited (Costs) [2007] NSWDC 341

HEARING DATE(S): 3 October 2007

JUDGMENT DATE: 31 October 2007

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: 1. The amount of costs payable by the plaintiff to the respondents is determined in gross sums of $33,000.00 and $23,000.00 respectively.; 2. The plaintiff's former solicitor is to forthwith pay those amounts to those parties.; 3. The plaintiff's former solicitor is to pay the costs of all parties in connection with this assessment, on the ordinary basis

CATCHWORDS: COSTS - the plaintiff's former solicitor was ordered to indemnify her against her liability to the respondents for their costs of a motion filed against them that was struck out with costs - determination of a specified gross sum for those costs - amount of costs assessed by the court

LEGISLATION CITED: Civil Procedure Act 2005: s 98(4)(c), s 99(1)

CASES CITED: Janov v Morris [1981] 3 All ER 780

Sandra Ellen Mills (Plaintiff) PARTIES: Perpetual Trustees Limited (Defendant) Glad Cleaning Services Pty Ltd (First Respondent) Savills (NSW) Pty Ltd (Second Respondent)

FILE NUMBER(S): 1078/05

Ms P Wall (For the Plaintiff) Mr G Grant (For the First Respondent) COUNSEL: Mr J Gruzman (For the Second Respondent) Mr B McManus (For the plaintiff's former solicitor) Mr Romaniuk (For the plaintiff's former barrister)

Shanahan Tudhope (For the Plaintiff) Lee and Lyons (For the First Respondent) SOLICITORS: McCabe Terrill (For the Second Respondent) Colin Biggers & Paisley (For the plaintiff's former solicitor) Moray & Agnew (For the plaintiff's former barrister)