NSW Caselaw
New South Wales Supreme Court
CITATION : Rex J Andrews Pty Ltd v RTA & Anor [2009] NSWSC 1063
HEARING DATE(S) : 30 September 2009
JUDGMENT DATE : 8 October 2009
JUDGMENT OF : Hoeben J
DECISION : The plaintiff is to pay the costs of the first defendant (RTA) including the costs of the hearing before me on 30 September 2009. As between the plaintiff and the second defendant (the Council) each party is to pay its own costs.
CATCHWORDS : Procedure - costs - summons for prerogative relief - issue of permit by RTA for movement of oversize load - matter resolved without hearing - what costs orders appropriate in circumstances - adjustment of costs orders having regard to conduct of parties.
LEGISLATION CITED : Road Transport (General) Act 2005 Road Transport (Mass, Loading and Access) Regulation 2005
CATEGORY : Separate question
Rex J Andrews Pty Limited - Plaintiff PARTIES : Roads and Traffic Authority (NSW) - First Defendant Muswellbrook Shire Council - Second Defendant
FILE NUMBER(S) : SC 30089/2009
Mr I Archibald/Mr D Klineberg - Plaintiff COUNSEL : Mr T Lynch - First Defendant Mr PW Larkin - Second Defendant
Cragg Braye and Thornton - Plaintiff SOLICITORS : I V Knight, Crown Solicitor's Office - First Defendant Sparke Helmore Laywers - Second Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOEBEN J
Thursday 8 October 2009
30089/2009 – REX J ANDREWS PTY LIMITED v ROADS AND TRAFFIC AUTHORITY (NSW) & Anor
JUDGMENT 1 HIS HONOUR: Nature of proceedings By summons filed on 22 September 2004 the plaintiff sought the following relief:
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