NSW Caselaw
New South Wales Supreme Court
CITATION : Owners Strata Plan 62327 v Vero [2009] NSWSC 908
HEARING DATE(S) : 17 August 2009 JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 17 August 2009
DECISION : See paragraph [41] of the judgment.
CATCHWORDS : COSTS - whether to make an order for costs where matter discontinued - whether parties acted reasonably - whether possible to predict outcome without conducting a 'hypothetical trial' - whether proceedings a factor leading to settlement - whether interest payable on costs.
LEGISLATION CITED : Uniform Procedure Rules
CATEGORY : Procedural and other rulings
Chapman v Luminis Pty Ltd [2003] FCAFC162 Idoport Pty Ltd v National Australia Bank Limited [2007] NSWSC 23 CASES CITED : Lahoud v Lahoud [2006] NSWSC 126 Owners Strata Plan 63094 v Council of the City of Sydney [2009] NSWSC 141 Vis Visitor Investments Services Pty Ltd v Hawkesbury Riverside Retreat Ltd [2004] NSWSC 1188
PARTIES : The Owners - Strata Plan No. 62327 (Plaintiff) Vero Insurance Ltd (Formerly known as Royal and Sun Alliance Insurance Australia Ltd) (Defendant)
FILE NUMBER(S) : SC 55007/05
COUNSEL : HJA Neal (Plaintiff) P J Bambagiotti (Defendant)
SOLICITORS : Andreones Pty Limited (Plaintiff) Mills Oakley Lawyers (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
McDOUGALL J
17 August 2009 (ex tempore – revised 21 August 2009)
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