Chotiputhsilpa v Waterhouse & Anor [2005] NSWCA 342

New South Wales Court of Appeal

CITATION: Chotiputhsilpa v Waterhouse & Anor [2005] NSWCA 342

HEARING DATE(S): (On written submissions)

JUDGMENT DATE: 10 October 2005

JUDGMENT OF: Beazley JA; Giles JA; Ipp JA

DECISION: (1) The second respondent pay the appellant's costs of the trial and of the appeal; (2) The second respondent pay the costs of the first respondent in respect of 3 days of the trial proceedings; otherwise the appellant pay the costs of the first respondent of the trial and of the appeal.

CATCHWORDS: Costs - Bullock or Sanderson order - general discretion as to costs - plaintiff liable to pay first defendant's costs - first defendant's costs increased because of additional hearing time due to second defendant's conduct - whether second defendant to pay the increased costs - ND.

Bullock v London General Omnibus Company (1907) 1 KB 264; CASES CITED: Gould & Anor v Vaggelas & Ors (1985) 157 CLR 215; Sanderson v Blyth Theatre Co [1903] 2 KB 533.

Suppachai Chotiputhsilpa (by his tutor Supparek Chotiputhsilpa (Appellant) PARTIES: George Allan Waterhouse (First Respondent) Roads and Traffic Authority of New South Wales (Second Respondent)

FILE NUMBER(S): CA 40122/04

B J Gross QC & S B Dixon (Appellant) COUNSEL: D F Rofe QC & B Hull (First Respondent) I G Harrison SC & W S Reynolds (Second Respondent)

Tim Young & Associates (Appellant) SOLICITORS: Malcolm Johns & Company (First Respondent) Henry Davis York (Second Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 3857/00

LOWER COURT JUDICIAL OFFICER: Twigg DCJ