NSW Caselaw
New South Wales Supreme Court
CITATION : Levy v Bablis & Anor [2009] NSWSC 768
HEARING DATE(S) : 30 July 2009
JUDGMENT DATE : 31 July 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 31 July 2009
DECISION : An order for costs in favour of the first defendant against both the plaintiff and the second defendant to be borne by them jointly and severally in respect of an application for the plaintiff to have leave to discontinue against the second defendant.
CATCHWORDS : COSTS - First defendant entitled to order for costs of a failed application for discontinuance of proceedings during hearing - whether the issue of costs should be reserved until the end of the proceedings - there is nothing in the position as between the first defendant and second defendant which requires costs to be reserved
LEGISLATION CITED : Uniform Civil Procedure Act 2005
CATEGORY : Principal judgment
CASES CITED : Sanderson v Blythe Theatre Company [1903] 2 KB 533
Julian Emmanuel Levy (Plaintiff) PARTIES : Peter Bablis (First Defendant) United Producers & Associates Pty Limited ACN 114 655 417
FILE NUMBER(S) : SC 6289/06
Mr S J Stanton (Plaintiff) Mr M Holmes (Plaintiff) Mr J Simpkins SC (First Defendant) COUNSEL : Mr M Condon (First Defendant) Ms P McEniery (First Defendant) Mr A Street SC (Second Defendant) Ms D Hawkins (Second Defendant)
McLachlan Thorpe Partners (Plaintiff) SOLICITORS : Minter Ellison (First Defendant) Slattery Thompson (Second Defendant)
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