Challita v Hughes [2006] NSWLC 31

Local Court of New South Wales

CITATION: Challita v Hughes [2006] NSWLC 31 JURISDICTION: Civil Albert Challita PARTIES: Robert Bruce Hughes Jacqueline Hughes t/a Nostalgic Automobilia FILE NUMBER: 1477/00 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 09/12/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Costs - Whether unsuccessful plaintiff some or all of successful third parties' costs - Whether plaintiff shold pay one set of costs only - Whether defendants and third parties duplicated costs - Whether defendant and third parties should bear some or all of their own costs because of duplication of costs - Whether third parties' costs should be assessed on indemnity basis - Whether interest should be ordered on costs LEGISLATION CITED: Furber v Stacey [2005] NSWCA 242 CASES CITED: GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 388 Lombard Insurance Co. (Australia) Ltd v Pastro (1994) 175 LSJS 448 Statham v Shepherd (No.2) (1974) 23 FLR 244 Mr J Armfield - Counsel Milford Haseldine & Williams - Solicitors Mr M Perry - Counsel REPRESENTATION: Carneys - Solicitors Mr P Kulevski - Counsel (1st third party) Lewis & Weir - Solicitors Mr A Foel - Counsel ( 2nd third party) Colin Biggars & Paisley - Solicitors ORDERS: The plaintiff is to pay 75 per cent of the defendant's costs, 50 percent of Crossover's costs and 40 percent of Mr Stannus's costs in sums agreed or assessed on the party and party basis. The defendants are to pay 25 per cent of Crossover's costs and 45 percent of Mr Stannus's costs in sums agreed or assessed on the party and party basis. Those costs will include the costs of the arbitration and any reasonable costs incurred by parties and witnesses travelling from interstate to attend the arbitration and trial. In relation to the costs awarded to Mr Stannus, interest is to be paid on the amounts ordered from the dates when the amounts in respect of costs were paid by him.