NSW Caselaw
New South Wales Supreme Court
CITATION : Young v Lalic [2006] NSWSC 379 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 06/04/2006
JUDGMENT DATE : 6 April 2006
JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 04/06/2006
DECISION : I am, therefore, not persuaded that a costs order different from that which I pronounced in the judgment of 9 February 2006 should be made, and I decline to vary that order.
CATCHWORDS : COSTS - where successful party did not ultimately press its claim on one of several bases pleaded - no clear and distinct substantial severable issue - counsel and parties should not be discouraged by risk of adverse costs order from making responsible judgment not to press every basis of claim pleaded
LEGISLATION CITED : Contracts Review Act 1980 (NSW)
Beoco Limited v Alpha Laval Co Limited (1995) QB 137, 154 Cretazzo v Lombardi (1975) 13 SASR 4 Hughes v Western Australian Cricket Association (1986) ATPR 40-748 CASES CITED : Mobile Innovations Limited v Vodaphone Pacific Limited [2002] NSWSC 423 NRMA Limited v Morgan (1999) NSWSC 768 Trade Practices Commission v Nicholas Enterprises Pty Limited (No 3) (1979) 28 ALR 201 Waterman v Gerling Insurance Company Pty Limited (2005) NSWSC 1111 Waters v P C Henderson (Australia) Pty Limited, (NSWCA 6 July 1994, unreported)
Tracey Michelle Young (Plaintiff) PARTIES : Darinka Lalic (First Defendant) Michael Lalic (Second Defendant)
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