NSW Caselaw
New South Wales Supreme Court
CITATION : Ideal Waterproofing Pty Limited v Buildcorp Australia Pty Limited & ors [2006] NSWSC 155
HEARING DATE(S) : 6 and 7 February 2006
JUDGMENT DATE : 17 March 2006
JUDGMENT OF : Sully J at 1
DECISION : Notice of Motion dismissed; Each party to the Notice of Motion is to pay its own costs of and incidental to the Motion.
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Supreme Court Act 1981 (U.K.)
Myers v Elman [1940] AC 282 CASES CITED : Ridehalgh v Horsefield [1994] Ch 205 Harley v McDonald [1999] 3 NZLR 545 Brigenshaw v Brigenshaw (1938) 60 CLR 336
Ideal Waterproofing Pty Limited PARTIES : Buildcorp Australia Pty Limited Zurich Australasian Insurance Limited Consumer Trader and Tenancy Tribunal of NSW
FILE NUMBER(S) : SC 30060/03
COUNSEL : C. J. Callaway - Plaintiff/Applicant Dr. D. Doyle - Respondent/Defendant
SOLICITORS : Owen Hodge Lawyers - Plaintiff/Applicant The Builders Lawyer - Respondent/Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
SULLY J
17 March 2006
30060/03 – IDEAL WATERPROOFING PTY LIMITED v BUILDCORP AUSTRALIA PTY LIMITED & ORS
JUDGMENT
Introduction 1 SULLY J: By a Notice of Motion filed on 12 September 2005 Ideal Waterproofing Pty Limited, (hereinafter "Ideal"), seeks against Dr. David Doyle trading as The Builders Lawyer, (hereinafter "Dr. Doyle"), the following relief: "1. An order pursuant to s99(2) of the Civil Procedure Act, 2005 that the whole of the costs in proceedings 30060/03 as between the plaintiff/applicant and the solicitor for the applicant ("The Builders Lawyer") (the respondent) be disallowed. 2. An order that the solicitor for the applicant ("The Builders Lawyer") (the respondent) in the proceedings pay the applicant's costs of this application. 3. Such other orders as this honourable Court deems appropriate." 2 The form used for this Notice of Motion is prescribed pursuant to the Uniform Civil Procedure Rules made pursuant to the Civil Procedure Act 2005 (NSW), (hereinafter "the CP Act"). Such a form requires the filing party to complete, among others, two sections. One is headed: "Party Details". The other is headed "Further Information About Persons Involved in the Motion who are not Parties to the Proceedings". 3 In the present case the filing party, Ideal, has completed the former section thus: "Parties to the proceedings
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