NSW Caselaw
New South Wales Supreme Court CITATION : Lavender View v North Sydney Council (No 2) [1999] NSWSC 775 revised - 26/06/2000 CURRENT JURISDICTION : Construction FILE NUMBER(S) : 55045/1997 HEARING DATE(S) : 30/07/99 JUDGMENT DATE : 4 August 1999
PARTIES : Lavender View Regency Pty Limited - Plaintiff North Sydney Council - Defendant JUDGMENT OF : Rolfe J
COUNSEL : Mr T.J. Davie - Plaintiff Mr I.R. Pike - Defendant SOLICITORS : Norton Smith/Coudert Brothers - Plaintiff Phillips Fox - Defendant CATCHWORDS : Costs DECISION : Plaintiff to pay the defendant's costs of the inquiry into damages; Plaintiff sued defendant for negligence; Order made pursuant to Part 32 rule 2 that liability be determined prior to damages.; Defendant conceded liability and an order made that it should pay the plaintiff's costs to that point; On the inquiry as to damages held that the plaintiff had not established causation and only entitled to a relatively small and conceded amount; Held: on the question of damages and in the particular circumstances the defendant was the "generally successful" party and the plaintiff should pay its costs; Oshlack v Richmond River Council (1998) 72 ALJR 578; Windsurfing International Inc v Petit (1987) AIPC 37861 and Fexuto Pty Limited v Bosnjak Holdings Pty Limited & Ors (No 3) (Young J - 10 December 1998 - unreported) applied.
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CONSTRUCTION LIST
ROLFE J
WEDNESDAY, 4 AUGUST 1999
55045/1997 - LAVENDER VIEW REGENCY PTY LIMITED v NORTH SYDNEY COUNCIL (NO 2)
JUDGMENT
HIS HONOUR:
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