Gee v Burger [No 3] [2009] NSWSC 1153

New South Wales Supreme Court

CITATION : Gee v Burger [No 3] [2009] NSWSC 1153

HEARING DATE(S) : 27 April 2009 JUDGMENT OF : McLaughlin AsJ

EX TEMPORE JUDGMENT DATE : 27 April 2009

1. I order that the plaintiffs pay the costs of the first defendant occasioned by or thrown away in consequence of the filing by the plaintiffs of an amended statement of claim. DECISION : 2. I order that the costs of the notice of motion filed by the plaintiffs on 8 February 2008 be the costs of the plaintiffs in the proceeding. 3. I order that the costs of the notice of motion filed by the first defendant on 20 March 2008 be the costs of the plaintiffs in the proceedings. 4. I order that the costs of the present hearing regarding costs be the costs of the plaintiffs in the proceedings.

CATCHWORDS : COSTS - application for leave to amend statement of claim - tension between principle that costs follow the event and principle that party seeking an indulgence from the Court is usually required to pay the costs of the application for that indulgence.

CATEGORY : Procedural and other rulings

PARTIES : Andrew Gee (First Plaintiff) and 25 other Plaintiffs Grace Veronica Burger (First Defendant)

FILE NUMBER(S) : SC 4236 of 2007

COUNSEL : Mr D. Feller SC and Mr S. Jacobs (Plaintiffs) Mr R. Stitt QC and Mr J. Doyle (First Defendant)

SOLICITORS : Alexander & Associates (Plaintiffs) Dibbs Abbott Stillman (First Defendant)

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE McLAUGHLIN Monday, 27 APRIL 2009 4236 of 2007 ANDREW GEE & ORS v GRACE VERONICA BURGER & ORS