Quintano v B W Rose Pty Ltd & anor (Costs) [2009] NSWSC 626

New South Wales Supreme Court

CITATION : Quintano v B W Rose Pty Ltd & anor (Costs) [2009] NSWSC 626

HEARING DATE(S) : 19 June 2009 JURISDICTION : Common Law Division Professional Negligence List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 19 June 2009

DECISION : Sanderson order made; First defendant to pay second defendant's costs

CATCHWORDS : PROCEDURE – Costs – where plaintiff brings action against multiple defendants – where plaintiff only succeeds against first defendant – where reasonable to bring action against both defendants as defendants disputed liability amongst themselves – Where conditions for Bullock or Sanderson order are satisfied – considerations as to which is the appropriate order – where first defendant is or is likely to be insolvent – where plaintiff is unlikely to recover any or much of damages or costs due to first defendant's insolvency – where second defendant is unlikely to recover costs due to first defendant's insolvency

CATEGORY : Consequential orders

BankAmerica Finance Ltd v Nock [1988] AC 1002 Exford Pines Pty Ltd v Vlado's Pty Ltd (Supreme Court of Victoria, Ashley J, 1 April 1996, Unreported). CASES CITED : Rudow v Great Britain Mutual Life Assurance Society (1881) 17 Ch D 600 Sanderson v Blyth Theatre Company [1903] 2 KB 533 Schipp v Cameron (Supreme Court of New South Wales, Einstein J, 12 October 1998, Unreported). Vucadinovic v Lombardi & Meyers [1967] VR 81

TEXTS CITED : Ritchie's Uniform Civil Procedure NSW

Luke Quintano (plaintiff) PARTIES : BW Rose Pty Ltd (first defendant) AWS Security Services Pty Ltd (second defendant)