NSW Caselaw
New South Wales Supreme Court
CITATION : BURRINGBAR REAL ESTATE CENTRE PTY LIMITED v ANTHONY JOHN RYDER & ORS [2008] NSWSC 891
HEARING DATE(S) : Monday 14 July 2008
JUDGMENT DATE : 29 August 2008
JURISDICTION : Administrative Law
JUDGMENT OF : Hall J at 1
DECISION : Pursuant to s.98 of the Civil Procedure Act, the first to sixth defendants are to pay the plaintiff's costs in this Court on an ordinary basis. An indemnity certificate, as provided for by s.6 of the Act, should issue to the first to sixth defendants.
CATCHWORDS : COSTS – whether usual order as to costs – whether costs of the court proceedings be costs in the remitted proceedings in the Tribunal – indemnity certificate under the Suitors' Fund Act sought
LEGISLATION CITED : Civil Procedure Act 2005 Suitors Fund Act 1951
Builders Licensing Board v Pride Constructions Pty Limited [1979] 1 NSWLR 607 Burringbar Real Estate Centre Pty Limited v Ryder [2008] NSWSC 779 Ex parte Parsons; Re Suitors' Fund Act (1952) 69 WN (NSW) 380 CASES CITED : Full Brick Homes Pty Limited v Consumer Claims Tribunal (13 February 1997, unreported, BC9704003 at 8) Knudsen v Kara Kar Holdings Pty Ltd (No 2) (2000) 52 NSWLR 254 Krslovic Homes v Timothy Sparkes [2004] NSWSC 37 Oshlack v Richmond River Council (1998) 193 CLR 72 The Owners - Strata Plan No 37762 v Dinh Phuong Dung Pham [2006] NSWSC 1442
PARTIES : BURRINGBAR REAL ESTATE CENTRE PTY LIMITED v ANTHONY JOHN RYDER & ORS
FILE NUMBER(S) : SC No 2008/30009
P: R E Dubler SC COUNSEL : 1-6D: R Scruby 7D: Submitting appearance - K Rayner
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