Forrest v Appleyard [2006] NSWSC 471

New South Wales Supreme Court

CITATION : Forrest v Appleyard [2006] NSWSC 471

HEARING DATE(S) : 08/05/2006 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 05/08/2006

DECISION : Defendants to pay plaintiff's costs. No apportionment.

CATCHWORDS : COSTS - where defendant separately represented - whether costs should be apportioned between defendants

John James Forrest (P) PARTIES : Leigh Davern Appleyard (D1) Geoffrey Martin Pryke (D2) Bruce Anthony Kenny (D3)

FILE NUMBER(S) : SC 4583/03

Mr JL Doyle (P) COUNSEL : Mr KP Smark (D1 & D3) Mr EGH Cox (D2)

Forshaws Neill Solicitors (P) SOLICITORS : Schweizer Kobras (D1 & D3) Kells The Lawyers (D2)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Monday 8 May 2006

4583/03 John James Forrest v Leigh Davern Appleyard

JUDGMENT (re costs)

1 HIS HONOUR: On 13 April 2006 I gave judgment in these proceedings and foreshadowed that I proposed to make an order that the defendants pay the plaintiff's costs of the proceedings to date, there being no sufficient reason why the unsuccessful defendants should not pay Mr Forrest's costs, but reserved leave to the parties to apply for a different costs order. The second defendant, Mr Pryke, has submitted that I should make a different costs order and seeks alternatively (1) an order to the effect that the defendants pay the plaintiff's costs of the proceedings (except any relating to the specific defences he raised of uncertainty or incompleteness raised by Mr Pryke's amended defence) on a pro rata basis according to their existing interests in the practice known as Appleyard Forrest, and that the second defendant pay the plaintiff's costs of those specific defences; or (2) that the defendants pay the plaintiff's costs of the proceedings up to 16 February 2006 on a pro rata basis, according to their existing interests, and after 16 February in equal shares.