McGuirk v University of NSW [2009] NSWSC 1351

New South Wales Supreme Court

CITATION : McGuirk v University of NSW [2009] NSWSC 1351

HEARING DATE(S) : 30 November 2009

JUDGMENT DATE : 11 December 2009

JUDGMENT OF : James J

DECISION : 1. I make an order that Mr McGuirk pay two-thirds of the total costs of the University of the proceedings heard and determined by me. 2. I make an order that the University pay Mr McGuirk's costs as a litigant in person of the University's Amended Notice of Motion of 4 July 2009 insofar as it related to the charge of contempt of court by scandalising the Court.

CATCHWORDS : COSTS — application for findings of contempt of court — contempt by disobedience to court orders — contempt by scandalising the court — whether costs of interlocutory proceedings be payable forthwith

LEGISLATION CITED : Civil Procedure Act

CASES CITED : Fiduciary Limited v Morningstar Research Pty Limited [2002] 55 NSWLR 1

PARTIES : Gerard Michael McGuirk - Plaintiff University of New South Wales - Defendant

FILE NUMBER(S) : SC 20106/08

COUNSEL : In person - Plaintiff M A Izzo - Defendant

SOLICITORS : In person - Plaintiff Sparke Helmore Solicitors - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

JAMES J

FRIDAY 11 DECEMBER 2009

20106/08 GERARD MICHAEL McGUIRK v UNIVERSITY OF NEW SOUTH WALES

JUDGMENT 1 HIS HONOUR: I delivered a judgment in these proceedings on 6 November 2009. In that judgment I determined parts of a notice of motion by Mr McGuirk and all of the substantive parts (subject to one possible minor qualification) the whole of two notices of motion by the University.