Hornsby Shire Council v Valuer General of NSW & Ors [2008] NSWSC 1281

New South Wales Supreme Court

CITATION : Hornsby Shire Council v Valuer General of NSW & Ors [2008] NSWSC 1281

HEARING DATE(S) : 25, 26 August 2008

JUDGMENT DATE : 2 December 2008

JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

1. The second, third and fourth defendants to pay the plaintiff's costs of and incidental to the summons. DECISION : 2. The first defendant to pay the plaintiff's costs of the application up to the time on 25 August 2008 that it was informed of the first defendant's change of position; thereafter each party to pay its own costs. 3. The plaintiff is to pay the defendants' costs of and incidental to the giving of preliminary discovery as ordered.

CATCHWORDS : Costs - interim discovery - leave to inspect subpoenaed material - losing parties actively opposed both orders - relevance of claimed confidentiality - usual costs order appropriate.

LEGISLATION CITED : Hornsby Shire Local Environment Plan 1994 Uniform Civil Procedure Rules r 5.3

CATEGORY : Consequential orders

Airways Corporation of New Zealand & Anor v The Present Partners of Pricewaterhouse Coopers Legal & Anor [2002] NSWSC 521 Bio Transplant Inc v Bell Potter Securities [2008] NSWSC 694 Cappuccio v ANZ Banking Group [1999] FCA 1188 Griffiths & Beerens Pty Limited & Ors v Duggan & Ors [2008] VSC 230 CASES CITED : Newcrest Mining v Apache Northwest (No 2) [2008] FCA 1663 NRMA v John Fairfax (unreported, Master Macready, 004454/01 Re Application of Cojuango (1986) 4 NSWLR 513 Re Springfield Nominees Pty Limited & Ors v Bridglands Securities & Ors [1992] FCA 472 SmithKline Beecham v Alphapharm [2002] FCA 271 [32] Totalise Plc v The Motley Fool Limited & Interactive Investor Limited [2002] 1 WLR 1233