RDCW Diamond (Pty) Limited v Da Gloria [2007] NSWSC 1325

New South Wales Supreme Court

CITATION : RDCW Diamond (Pty) Limited v Da Gloria [2007] NSWSC 1325 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 16 October 2006, 29 November 2006, 1 February 2007, 23 April 2007, 5 September 2007

JUDGMENT DATE : 28 November 2007

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(a) The plaintiff be awarded costs of and incidental to the entire proceedings on an indemnity basis, as agreed or assessed;

(b) The above costs be paid by the defendant's legal representatives, being Mr Salvatore Russo (solicitor) and Mr James Dupree of counsel, jointly and severally;

(c) Interest be payable on the above costs and disbursements, at the rates set out in Schedule 5 in the Uniform Civil Procedure Rules, on the "Allowed Percentage" of the costs and disbursements paid by the plaintiff, from the date of payment until the first to occur of: DECISION : (i) such time as the costs due to the plaintiff under any order made in these proceedings are paid; or (ii) any further order relating to interest on costs in these proceedings. In this order, the "Allowed Percentage" equals Y/X x 100%, where "X" is the total amount of costs and disbursements which the plaintiff has paid or is liable to pay to its legal advisers in connection with these proceedings and "Y" is the total amount of costs and disbursements agreed or allowed on assessment to the plaintiff in connection with these proceedings;

(d) The above costs orders include all of the plaintiff's costs associated with this further application;

(e) Otherwise the proceedings are dismissed.