NSW Caselaw
New South Wales Court of Appeal
CITATION: CAMERON v OFRIA & ORS. [2007] NSWCA 37 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27/02/07
JUDGMENT DATE: 27 February 2007
JUDGMENT OF: Beazley JA at 20,22; Ipp JA at 1; Campbell JA at 21
EX TEMPORE JUDGMENT DATE: 27 February 2007
DECISION: Appeal upheld; Set aside orders of Phegan DCJ to the extent I have indicated; Order that Mr Cameron and Mr. Ofria pay their own costs; No order made for costs as regards Mrs Ofria; Order that a Suitor's Fund certificate issue to Mr and Mrs Ofria if they are otherwise entitled
CATCHWORDS: COSTS – interlocutory application – whether appropriate to make order for costs to be paid before conclusion of proceedings – whether trial judge erred in exercising his discretion by ordering that the appellant should not be given a date for hearing unless and until the appellant pays the respondent's costs of the cross-claim – discretion exercised for penal purposes – trial judge failed to consider affidavit material of the appellant when exercising his discretion – order set aside
CASES CITED: Fiduciary Limited v Morningstar Research Pty Limited (2002) 55 NSWLR 1 Oshlack v Richmond River Council (1998) 193 CLR 72
Robert William Cameron (Appellant) PARTIES: Roland Ofria and Marlene Ofria (First Respondents) Bruce Vernon Dennis (Second Respondent)
FILE NUMBER(S): CA 40047/06
D. Rofe QC (Appellant) COUNSEL: Roland Ofria (in person) Marlene Ofria (in person) (first respondents) No appearance (third respondent)
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