Aesthetics Architecture Pty Limited v Camilleri & Ors No 2 [2007] NSWSC 1176

New South Wales Supreme Court

CITATION : Aesthetics Architecture Pty Limited v Camilleri & Ors No 2 [2007] NSWSC 1176

HEARING DATE(S) : 18/10/2007

JUDGMENT DATE : 29 October 2007

JUDGMENT OF : Hoeben J at 1

DECISION : I order the second defendant to pay the plaintiff's costs of complying with its Notice to Produce dated 2 July 2007.; I assess those costs at $4,906.; I order the second defendant to pay the plaintiff's costs of this application.

CATCHWORDS : Practice and procedure - costs incurred by a party in responding to Notice to Produce - whether costs should be separately assessed or part of costs generally - prospects of success of claim for privilege - conduct of parties.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CASES CITED : Aesthetics Architecture Pty Limited v John Camilleri & Ors [2007] NSWSC 1129

Aesthetics Architecture Pty Limited - Plaintiff PARTIES : John Camilleri trading as JCB Partners Chatswood - First Defendant Christian Borkowski - Second Defendant

FILE NUMBER(S) : SC 12700/2004

Ms S Walsh - Plaintiff COUNSEL : No appearance - First Defendant RA Cavanagh - Second Defendant

Maurice Blackburn Cashman Lawyers - Plaintiff SOLICITORS : No appearance - First Defendant Lander & Rogers - Second Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Monday 29 October 2007

12700/2004 - AESTHETICS ARCHITECTURE PTY LIMITED v JOHN CAMILLERI trading as JCB PARTNERS CHATSWOOD & Ors ( No 2)

JUDGMENT 1 HIS HONOUR: Nature of claim This is an application by the plaintiff that the second defendant pay its costs of compliance with a Notice to Produce pursuant to r 34.3(1) of the Uniform Civil Procedure Rules 2005 (UCPR). The application is opposed by the second defendant.