NSW Caselaw
New South Wales Supreme Court
CITATION : Matsen v Matsen [2008] NSWSC 226 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 6 March 2008
JUDGMENT DATE : 6 March 2008
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : Order that the plaintiff pay the defendant's costs of the proceedings.
CATCHWORDS : PROCEDURE [553] - Costs - General rule - Costs follow the event - Costs of whole action - Generally - Defendant generally successful - Plaintiff wins on one issue - Issues intertwined.
Civil Procedure Act 2005 s 99 LEGISLATION CITED : Conveyancing Act 1919 s 66G Supreme Court Rules 1970 Part 66A rr 4, 9 Uniform Civil Procedure Rules 2005 r 42.1
CATEGORY : Procedural and other rulings
Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (formerly GIO Insurance Limited) [2006] NSWSC 583 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Domino Hire Pty Ltd v Pioneer Park Pty Ltd (In Liq) [2002] NSWSC 313 Donald Campbell & Co v Pollak [1927] AC 732 Hughes v Western Australian Cricket Association (1986) ATPR 40-748 CASES CITED : Latoudis v Casey (1990) 170 CLR 534 Matsen v Matsen [2008] NSWSC 135 Oshlack v Richmond River Council (1998) 193 CLR 72 Ritter v Godfrey [1920] 2 KB 47 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Waters v P C Henderson (Australia) Pty Ltd NSWCA 6 July 1994 unreported
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