NSW Caselaw
New South Wales Supreme Court
CITATION : Oberlechner v Watson Wyatt Superannuation Pty Ltd [2007] NSWSC 1435 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 20 November 2007
JUDGMENT DATE : 20 November 2007
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : No order as to costs as between plaintiff and first defendant upon dismissal of proceedings which had become otiose.
CATCHWORDS : PROCEDURE [553] - Costs - Costs of whole action - Generally - Where action settled - Usual rule - Exception when it is plain one party would have succeeded had matter been fully tried – Whether matter will be tried to determine costs application.
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 rr 42.20(1), 43.2(2)(b)
Fordyce v Fordham (2006) 67 NSWLR 497 CASES CITED : Oberlechner v Watson Wyatt Superannuation Pty Ltd [2007] NSWSC 906 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 Yates Property Corporation Pty Ltd v Boland (2000) 179 ALR 663
Alfredo Oberlechner (P) PARTIES : Watson Wyatt Superannuation Pty Ltd (D1) The National Mutual Life Association of Australasia Limited (D2)
FILE NUMBER(S) : SC 1911/06
T T Baw (P) COUNSEL : E Elbourne (D1) F Hanlon, Solicitor (D2)
Herbert Weller Esq (P) SOLICITORS : Hunt & Hunt (D1) Turks Legal (D2)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
TUESDAY, 20 NOVEMBER 2007
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