Wilson v Carter & 5 Ors; Wilson v Rigg [2006] NSWSC 88

New South Wales Supreme Court

CITATION : Wilson v Carter & 5 Ors; Wilson v Rigg [2006] NSWSC 88

HEARING DATE(S) : 14 February 2006

JUDGMENT DATE : 2 March 2006

JURISDICTION : Common Law

JUDGMENT OF : Rothman J at 1

DECISION : Proceedings 20364/1998; (a) The amended second cross-claim in proceedings 20364/1998 be struck out;; (b) As a consequence of Order (a) above, the third cross-claim in proceedings 20364/1998 be struck out;; (c) The cross-claimant to the second cross-claim pay the costs of the cross defendant to the second cross-claim, including the costs of the notice of motion in proceedings 20364/1998, as assessed or agreed, to be payable forthwith;; Proceedings 20447/2001; (d) In proceedings 20447/2001, the entirety of paragraph 33(a) of the Further Amended Statement of Claim be struck out;; (e) In proceedings 20447/2001, in the second cross-claim, the following paragraphs are struck out:; (i) Paragraph 11 insofar as it repeats paragraphs 16, 17, 20, 21, 22, 23, 24, 25 and 26 of the Further Amended Statement of Claim;; (ii) Paragraphs 12, 13, 14 and 15 in their entirety.; (f) The fifth defendant in proceedings 20447/2001, Jack Rigg, pay one third of the second cross defendant's costs of the motion in proceedings 20447/2001 as assessed or agreed, the second cross defendant being Mr S Stanton;; (g) Two thirds of the plaintiff's costs of the motions will be the plaintiff's costs in the cause in 20447/2001;; (h) A further one third of the costs of the motion in proceedings 20447/2001 of the third defendant, Mr S Stanton, will be the third defendant's costs in the cause.

CATCHWORDS : Form of orders and Costs - apportionment - generally successful party - broad brush approach - overall assessment

Wilson v Carter & 5 Ors [2005] NSWSC 1351 CASES CITED : Walmsley v Cosentino [2001] NSWCA 403 Oshlack v Richmond River Council (1998) 193 CLR 72