McWilliam & Ors v Integral Energy [2010] NSWSC 254

New South Wales Supreme Court

CITATION : McWilliam & Ors v Integral Energy [2010] NSWSC 254

HEARING DATE(S) : 17/03/10

JUDGMENT DATE : 6 April 2010

JUDGMENT OF : Hoeben J

The defendant is to pay the plaintiffs' costs of the proceedings in accordance with the various judgments which have been entered in their favour. That order is qualified as follows: DECISION : The plaintiffs are to pay the defendant's costs as agreed or assessed incurred by it in relation to dealing with the statements of loss and accompanying schedules served on it on 6 October 2005, 3 November 2005 and 11 August 2006. The plaintiffs are to pay the defendant's costs incurred between 16 August 2008 and 6 March 2009 in meeting the claims in respect of Schedule D and landscaping generally, as set out in the reports of Mr Sidebottom of 13 and 14 August 2008. Such costs to be as agreed or assessed. The plaintiffs are to pay the defendant's costs of this application, save that the defendant is not to have any of its costs associated with the preparation and service of folders two and three prepared by it for use in this application. Such costs to be as agreed or assessed.

CATCHWORDS : COSTS - Plaintiffs' property destroyed by fire - schedules of items of personal property prepared - whether plaintiffs entitled to costs of all schedules - claim for landscaping and vegetable garden made by plaintiffs - claim withdrawn - whether defendant entitled to costs of preparing to meet that claim.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Consequential orders

CASES CITED : State of NSW v Moss (2000) 54 NSWLR 536

Genelle McWilliam - First Plaintiff PARTIES : William McWilliam - Second Plaintiff Integral Energy Australia - Defendant