AW & Ors v State of NSW [2005] NSWSC 1173

New South Wales Supreme Court

CITATION : AW & Ors v State of NSW [2005] NSWSC 1173

HEARING DATE(S) : 18/11/05

JUDGMENT DATE : 30 November 2005

JUDGMENT OF : Bell J at 1

DECISION : 1. The first plaintiff is to pay twenty percent of the defendant's costs of the proceedings not previously dealt with; 2. the defendant is to pay the second and third plaintiffs their costs of the proceedings, not otherwise dealt with, limited to the costs of briefing one set of counsel (senior and junior) and one firm of solicitors to be apportioned fifty percent as to the second plaintiff on a party and party basis and fifty percent as to the third plaintiff on a party and party basis to 11 July 2003 and thereafter on an indemnity basis; such costs to be calculated on the basis that allowance is made for representation of up to one senior counsel, one junior counsel and one solicitor in court on any hearing day; allowance for out of court work by counsel not involving duplication that is related to the proceedings generally, the claim of the second plaintiff specifically or the claim of the third plaintiff specifically, but not that related to the claim of the first plaintiff specifically; allowance for out of court work by Greg Walsh & Co, Solicitors, not involving duplication, that is related to the proceedings generally, the claim of the second plaintiff specifically or the claim of the third plaintiff specifically, but not that which is related to the claim of the first plaintiff specifically; 3. allowance is to be made for the work done by Verekers Solicitors in the period 18 July 2003 to 17 September 2003 that is related to the proceedings generally, the claim of the second plaintiff specifically or the claim of the third plaintiff specifically but not that which is related to the claim of the first plaintiff specifically and not that which is in duplication of work done by Greg Walsh & Co.