Beaven v Fink (No. 2) [2009] NSWDC 356

New South Wales District Court

CITATION: Beaven v Fink (No. 2) [2009] NSWDC 356

HEARING DATE(S): 10-13 February 2009, 16-17 February 2009 EX TEMPORE JUDGMENT DATE : 25 August 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

Costs Hearing Results: 1. The application for a stay is refused. DECISION: 2. The 2nd and 3rd defendants are to pay the plaintiff's costs of trespass, conversion and slander involving the 2nd and 3rd defendants 3. The plaintiff is to pay the costs of Dr Thomas Fink of the claims against him in trespass and conversion 4. In each case costs are to be paid on an Ordinary basis

CATCHWORDS: COSTS - Arguements consequent to decision in proceedings - Applications for indemnity costs and proportionality rejected - Application for stay refused

Robin Newton Beaven (First Plaintiff) Mildred Josephine Beaven (Second Plaintiff) PARTIES: Alexander Edward Beaven (Third Plaintiff) Andre Fink (Second Defendant) William Bertrand Rietveld (Third Defendant) Thomas Fink (Fourth Defendant)

FILE NUMBER(S): 406/07

Hunt & Hunt (for First, Second and Third Plaintiffs) SOLICITORS: The Crown Solicitor (First Defendant) Makinson & d'Apice Lawyers (for Second, Third and Fourth Defendants)

JUDGMENT- on costs

1 In this matter reasons for judgment were published on 19 August 2009 and the proceedings adjourned to today's date to deal with the issue of costs.

2 There were four defendants to the action. Proceedings against the first defendant were settled on the first day upon which the matter was listed for hearing and the first defendant played no further part in the proceedings.