NSW Caselaw
New South Wales Supreme Court
CITATION : LINDSAY v NSW MEDICAL BOARD [2008] NSWSC 289
HEARING DATE(S) : 31 January 2008, 1 February 2008
JUDGMENT DATE : 11 April 2008
JURISDICTION : Administrative Law
JUDGMENT OF : Hall J at 1
DECISION : Order that the plaintiff pay the defendant's costs of and incidental to the proceedings on the ordinary basis in accordance with Rule 42.4 of the Uniform Civil Procedure Rules.
CATCHWORDS : COSTS – ordinary costs orders – indemnity costs - Discretion to order indemnity costs – whether delinquent conduct or special circumstance to warrant indemnity costs – commencement of proceedings in two for a – insistence on full hearing rather than separate determination of an issue
LEGISLATION CITED : Medical Practice Act 1992 Supreme Court Act 1970
CATEGORY : Consequential orders
Colgate Palmolive Co v Cussons Pty Limited (1993) 118 ALR 248 Commissioner of Police v Gordon (1981) 1 NSWLR 675 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 CASES CITED : Hill v King (1993) 31 NSWLR 654 NSW Breeding & Racing Stables Pty Limited v Administrative Decisions Tribunal (NSW) (2001) 53 NSWLR 559 Oshlack v Richmond River Council (1998) 193 CLR 72 Weanel v Judge Parsons (1994) 62 SASR 501 White ACT (in liquidation) v G B White & Ors [2004] NSWSC 303
PARTIES : LINDSAY, David Charles v NSW MEDICAL BOARD
FILE NUMBER(S) : SC No 30144 of 2007
COUNSEL : P: J M Ireland QC/P Bruckner D: K Richardson
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