Roads and Traffic Authority of New South Wales, Council of the Shire of Evans & Pioneer Road Services Pty Ltd v Palmer (No 2) [2005] NSWCA 140

New South Wales Court of Appeal

Roads and Traffic Authority of New South Wales, Council of the Shire of Evans & Pioneer Road Services Pty Ltd v Palmer (No 2) [2005] NSWCA 140 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): On written submissions

JUDGMENT DATE: 10 May 2005

JUDGMENT OF: Spigelman CJ at 1; Handley JA at 2; Giles JA at 3

DECISION: The plaintiff's solicitors are directed to take steps to substitute the plaintiff's legal personal representative as party to the proceedings; and subject thereto the plaintiff should have leave to amend the notice of motion to the form of amended notice of motion attached to the written submissions and the amended notice of motion should be dismissed with costs.

CATCHWORDS: Costs - plaintiff's application for Bullock order - application made after judgment and costs orders - costs orders entered - whether power to vary costs orders by Bullock order - power under slip rule - whether order should be made - no conduct making it fair to impose the additional costs on the unsuccessful defendants. ND

Almeida v Universal Die Works Pty Ltd (No 2) [2001] NSWCA 156; Amalgamated Television Services Pty Ltd v Marsden (No 2) [2003] NSWCA 186; Autodesk Inc v Dyason (No 2) (1993) 176 CLR 3000; Bailey v Marinoff (1971) 125 CLR 529; Bullock v London General Omnibus Co (1907) 1 KB 264; Commonwealth of Australia v McCormack (1984) 155 CLR 273; De L v The Director-General, New South Wales Department of Community Services (No 2) (1997) 190 CLR 207; DJL v The Central Authority (2000) 201 CLR 226; FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268; CASES CITED: Gamser Co Ltd v Nominal Defendant (1977) 136 CLR 145; L Shaddock & Associates Pty Ltd v Parramatta City Council (No 2) (1983) 151 CLR 590; Meehan v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146; New South Wales Insurance Ministerial Corporation v Edkins (1998) 45 NSWLR 8; Production Spray Painting & Panel Beating Pty Ltd v Newnham (1991) 27 NSWLR 659; Sved v Municipality of Woollahra (1998) NSW Con R 55-852; Timbarra Protection Coalition Incorporated v Ross Mining Ltd [1999] NSWCA 335; TJM Products Pty Ltd v A & P Tyres Pty Ltd (1987) FCR 390; re Wakim; ex parte McNally (1999) 198 CLR 511.