Good Samaritan Donkey Sanctuary Inc (GSDSI) v C E & S P Berry [No 2] [2007] NSWSC 397

New South Wales Supreme Court

CITATION : Good Samaritan Donkey Sanctuary Inc (GSDSI) v C E & S P Berry [No 2] [2007] NSWSC 397

HEARING DATE(S) : 28 March 2007

JUDGMENT DATE : 27 April 2007

JUDGMENT OF : Smart AJ at 1

DECISION : See paras 40-42

CATCHWORDS : Non-appearance of second defendant when earlier costs orders made explained - appropriate to review earlier costs order in view of lack of involvement of second defendant - not appropriate to make costs order against him in respect of principal proceedings - appropriate to make costs order of application to vary costs order against him

LEGISLATION CITED : Nil

CASES CITED : Nil

PARTIES : Good Samaritan Donkey Sanctuary Inc (GSDSI) v C E & S P Berry; [No 2]; Cross-Claim C E Berry v GSDSI & Joanne Kokas

FILE NUMBER(S) : SC 1461/02

COUNSEL : (P) Mr M K Rollinson (D) Mr R Marshall

SOLICITORS : (P) Mr S J Friend (D) Mr R A Murphy

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

SMART AJ

Friday, 27 April 2007

1461/02: GOOD SAMARITAN DONKEY SANCTUARY INC (GSDSI) v. C E & S P BERRY JUDGMENT

1 Stephen Philip Berry seeks to set aside the order made on 14 November 2006 in so far as it ordered him to pay the costs of the proceedings. He was not present or represented on that day which was the day fixed by the earlier and substantive judgment of 12 October 2006 to settle the short minutes of order and deal with the question of costs and any other outstanding matter.

2 The final hearing which was bitterly contested and involved considering a large volume of documents and over 5300 accounting entries extended over 9 days. Lengthy and detailed reasons for judgment were delivered on 12 October 2006. Matters of some complexity extending over many years had to be resolved.