NSW Caselaw
New South Wales Supreme Court
CITATION : Leallee v The Commissioner of the NSW Department of Corrective Services [2009] NSWSC 518
19 December 2008 HEARING DATE(S) : 2 February 2009 17 March 2009 28 May 2009
JUDGMENT DATE : 28 May 2009
JUDGMENT OF : Price J at 1
EX TEMPORE JUDGMENT DATE : 28 May 2009
DECISION : Amended Summons dismissed. As to costs: 1. The plaintiff is to pay the defendant's costs in respect of the claim assessed on an ordinary basis. 2. Order 1 does not apply to the defendant's costs of hearing on 19 December 2008. 3. Each party is to pay its own costs of the hearing on 19 December 2008.
CATCHWORDS : Costs - court's discretion as to costs - adjournment of hearing - declaratory relief no longer sought
Civil Procedure Act 2005 s 98(1) LEGISLATION CITED : Public Sector Employment and Management Act 2002 s 86(2) Uniform Civil Procedure Rules Pt 42 r 42.1
CATEGORY : Procedural and other rulings
Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Hagan v Waterhouse [No 2] (1992) 34 NSWLR 400 CASES CITED : Hughes v Western Australian Cricket Association (Inc) (1986) 19 FCR 10 Perder Investments Pty Ltd v Elmer (1991) 31 FCR 201 Windsurfing International Inc v Petit & Anor [1987] AIPC 90-441
TEXTS CITED : Ritchies Uniform Civil Procedure 42.1.10
PARTIES : Ino Leallee The Commissioner of the NSW Department of Corrective Services
FILE NUMBER(S) : SC 030100/08
COUNSEL : Mr S I J Prince (Defendant)
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