NSW Caselaw
New South Wales Supreme Court
CITATION : Rushcutters Bay Smash Repairs v H McKenna Netmakers & Ors [2003] NSWSC 670 HEARING DATE(S) : 24/07/03 JUDGMENT DATE : 25 July 2003
JUDGMENT OF : Gzell J DECISION : Order each defendant to pay the plaintiff's costs
CATCHWORDS : PROCEDURE - Costs - Two or more unsuccessful defendants - Whether an order for costs against co-defendants is joint and several - Whether the rule requires "partners in crime" - Whether more is required than judgment against co-defendants - Whether sufficient segregation of defences to justify an order that each defendant pay the plaintiff's costs of issues against it LEGISLATION CITED : Supreme Court Rules 1970 Ryan v South Sydney Junior Rugby League Club Ltd [1975] 2 NSWLR 660 Trade Practices Commission v Nicholas Enterprises Pty Ltd (1979) 28 ALR 201 CASES CITED : Mount Gambier Co-operative Milling Society Ltd v Williams [1921] SASR 185 Mike Gaffikin Marine Pty Ltd v Princes Street Marina Pty Ltd (unreported, SC(NSW), Young J, 15 July 1996) Thiess Watkins White Construction Ltd (in liq) v Witan Nominess (1985) Pty Ltd [1992] 2 Qd R 452 Rushcutters Bay Smash Repairs Pty Ltd - Plaintiff PARTIES : H McKenna Netmakers Pty Ltd - 1st Defendant Wiretech Holdings Pty Ltd - 2nd Defendant Hugh Andrew McKenna - 3rd Defendant FILE NUMBER(S) : SC 1079/01 COUNSEL : Mr V F Kerr Mr W Washington SOLICITORS : Stephen Wawn & Associates Lawyers Horowitz Bilinsky Solicitors
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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