NSW Caselaw
New South Wales Supreme Court
CITATION : Highland v Labraga (No 3) [2006] NSWSC 871
HEARING DATE(S) : 02/05/06
JUDGMENT DATE : 31 August 2006
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Motion to reopen costs order dismissed.
CATCHWORDS : PROCEDURE [585]- Costs- Proceedings to remove executor- Commenced by principal object of discretionary trust where discretionary trust was beneficiary under the will- Proceedings amended- Order made that first defendant pay whole costs of suit- Application made under slip rule that no order for costs should be made before amendment or at all as after amendment, first defendant filed submitting appearance- There is a guideline that normally a submitting party is immune from any liability for costs, however it is significant here that this litigation was part of a complex set of proceedings heard together- First defendant took a more active role than is usual for a submitting appearance- The order that the first defendant pay the plaintiffs' costs should not be varied.
LEGISLATION CITED : Uniform Civil Procedure Act 2005, Pt 36 r17
CASES CITED : Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Sakr v Mercantile Mutual Insurance (Australia) Ltd [2000] NSWCA 266
Penelope Louise Highland (P1) PARTIES : Philip Edward Pomfret (P2) Julio Cesar Labraga (D1) Nowhere In Particular Pty Limited (D2)
FILE NUMBER(S) : SC 2466/05
COUNSEL : G K Burton SC (P1) M Ashhurst (D1)
SOLICITORS : Dibbs Abbott Stillman (P1) Kemp Strang (D1)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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