NSW Caselaw
New South Wales Supreme Court
CITATION : Graham v Hulme; Hulme v Graham [2009] NSWSC 1264
HEARING DATE(S) : 8 October 2009
JUDGMENT DATE : 8 October 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 8 October 2009
ORDERS: 1. Judgment for the plaintiff against the defendants in the sum of $61,861.94. 2. Order that the defendants pay 50% of the plaintiff's costs of the proceedings. DECISION : 3. Order that if a sum of no less than $42,907.29 is paid by the defendants to the plaintiff on or before 29 October 2009 pursuant to order 1, then until further order of the court: (i) order 1 is stayed; (ii) the plaintiff shall not register as a judgment any assessment of costs made pursuant to order 2. 4. Liberty to the parties to apply in respect of order 3 upon 72 hours' notice.
CATCHWORDS : PROCEDURE - costs - recovery of costs - successful plaintiff recovers only 50% of her costs due to the premature commencment of proceedings
CATEGORY : Consequential orders
3887/09: Plaintiff/Cross-Defendant: Courtney Michelle Graham as Executor of the Estate of Jeffrey James Graham First Defendant/ First Cross-Claimant: Janet Ann Hulme PARTIES : Second Defendant/Second Cross-Claimant: Bronwyn Ann Hulme-Craig
4332/09: Plaintiff: Janet Ann Hulme Defendant: Courtney Michelle Graham as Executor of the Estate of Jeffrey James Graham
FILE NUMBER(S) : SC 3887/09; 4332/09
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