NSW Caselaw
New South Wales Supreme Court
CITATION : ROTH v RTA & ORS [2009] NSWSC 295
HEARING DATE(S) : Tuesday 28 October 2008
JUDGMENT DATE : 23 April 2009
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : The application on behalf of the compulsory insurer and the RTA for costs against Mrs Roth in District Court proceedings Nos 3557/03 and 3558/03 should be dismissed. In relation to the application for costs of this application for costs, I order that each party pay her/its own costs.
CATCHWORDS : PROCEDURE – costs – jurisdiction – where multiple proceedings - whether costs order should be made against the plaintiff as a non-party to separate proceedings – consideration of UCPR rule 42.3 – application against the plaintiff for costs dismissed – departing from the general rule – unusual case - each party to pay own costs
Civil Procedure Act 2005 LEGISLATION CITED : Interpretation Act 1987 Supreme Court Act 1970 Uniform Civil Procedure Rules
Garnett v Bradley (1878) 3 AC 944 Knight v FP Special Assets Limited (1992) 174 CLR 178 Law Society of New South Wales v Jackson (1981) 1 NSWLR 630 O'Halloran v Roth [2008] NSWCA 65 Re Bauhaus Pyrmont Pty Limited (in liq) [2006] NSWSC 879 CASES CITED : Rickard Constructions Pty Limited v Rickard Hails Moretti Pty Limited & Ors [2008] NSWCA 283 Petrie v Linsley (1995) 21 MVR 413 Rippon v Chilcotin Pty Limited (2001) 53 NSWLR 198 Roth v RTA & Ors [2007] NSWSC 128 Van Eeden v Henry [2005] NSWCA 14 Wentworth v Wentworth (2001) 52 NSWLR 602
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