NSW Caselaw
New South Wales Supreme Court
CITATION : Salvo & Ors v New Tel (No 2) [2004] NSWSC 852 HEARING DATE(S) : 8 September 2004 JUDGMENT DATE : 15 September 2004
JUDGMENT OF : McDougall J DECISION : See para [26] of judgment
CATCHWORDS : COSTS - discretion of the court - principles governing the award of costs - costs to follow the event - where plaintiff partly successful - identifying relevant event - whether event outcome in proceedings or determination on separate issues - Calderbank letter - where letter did not take into account substantial interest that had accrued on total sum LEGISLATION CITED : Supreme Court Act 1970 (NSW) Calderbank v Calderbank [1976] Fam 93 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Forster v Farquhar & Ors [1893] 1 QB 564 CASES CITED : Cretazzo v Lombardi (1975) 13 SASR 4 Waters v P C Henderson (Australia) Pty Ltd (Court of Appeal, 6 July 1994, unreported) Hughes v Western Australian Cricket Assn Inc (1986) 8 ATPR 40-748 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Mario Salvo (Plaintiff) PARTIES : Bilpin Projects Pty Ltd (Plaintiff) New Era Telecommunications Pty Ltd as Trustee for Elray Property Group (Plaintiff) New Tel Limited (in liquidation) (Defendant) FILE NUMBER(S) : SC 50200/02 COUNSEL : R J Brender (Plaintiffs) I R Pike (Defendant) SOLICITORS : Baker & McKenzie (Plaintiffs) Blake Dawson Waldron (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
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