Addison v The Owners – Strata Plan No. 32680 (No. 2) [2010] NSWDC 259

New South Wales District Court

CITATION: Addison v The Owners – Strata Plan No. 32680 (No. 2) [2010] NSWDC 259

HEARING DATE(S): 11 November 2010 EX TEMPORE JUDGMENT DATE : 11 November 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Defendant's application for the plaintiff to pay the costs of the defendant's application to vacate the hearing date and the costs thrown away by reason of vacation of the hearing date dismissed. DECISION: (2) Defendant's Notice of Motion of 20 April 2010 otherwise dismissed. (3) Each party pay his or its costs of the Notice of Motion.

CATCHWORDS: COSTS - application for costs of vacated hearing date for personal injury proceedings

CASES CITED: Addison v The Owners – Strata Plan No. 32680 [2010] NSWDC 251

PARTIES: Plaintiff: Dean Andrew Addison Defendant: The Owners – Strata Plan No. 32680

FILE NUMBER(S): 2844 of 2009

COUNSEL: Plaintiff: Ms M Fraser Defendant: Mr D Kelly

SOLICITORS: Plaintiff: Brydens Law Office Defendant: Curwoods Lawyers

Judgment

[1] On 6 October 2010 I delivered judgment in these proceedings (Addison v The Owners – Strata Plan No. 32680 [2010] NSWDC 251) and made costs orders consequent upon the award of damages to the plaintiff in the sum of $154,651.

[2] The defendant has now brought an application, in relation to those costs, seeking orders in its favour in the form of the reserved costs arising from a Notice of Motion filed on 16 April 2010. Judge Garling vacated the original hearing date of 22 April 2010, reserving the costs thrown away to the trial judge for determination. I directed, following the entry of judgment, that each party provide an outline and chronology of relevant information giving rise to the application to vacate, and heard the application this morning.