NSW Caselaw
New South Wales Supreme Court
CITATION : Gray v O'Donnell (No 2) [2009] NSWSC 1392
HEARING DATE(S) : 4 September 2009
JUDGMENT DATE : 16 December 2009
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) The first defendant pay so much of the plaintiffs' costs of the proceedings on 27 February 2009, 8 April 2009 and 31 July 2009 that is the difference between costs on an indemnity basis, as agreed or assessed, and that which is payable under the order issued on 8 April 2009;
(ii) The second defendant pay half of the first defendant's costs of and incidental to these proceedings, incurred after 31 July 2009, as agreed or assessed; DECISION : (iii) The plaintiffs pay half of the first defendant's costs of and incidental to these proceedings, incurred after 31 July 2009, as agreed or assessed;
(iv) The proceedings be dismissed.
CATCHWORDS : COSTS – appeal from Local Court – appellant successful on ground not argued – second defendant seeks Sanderson orders – indemnity costs sought by plaintiff – Local Court dealt with costs before it – no issue of principle
LEGISLATION CITED : Civil Procedure Act 2005 Suitors' Fund Act 1951
CATEGORY : Consequential orders
Bouras v Grandelis [2005] NSWCA 463; (2005) NSWLR 214 CASES CITED : EMI Records Ltd v Wallace [1983] 1 Ch 59 Gray v O'Donnell [2009] NSWSC 259
Robert Peter Gray (First Plaintiff) PARTIES : Narelle Jean Gray (Second Plaintiff) Scott Thomas O'Donnell (First Defendant) Bronwyn Jean O'Donnell (Second Defendant)
FILE NUMBER(S) : SC 10984/2008
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