NSW Caselaw
New South Wales Supreme Court
CITATION : Franz Boensch as trustee for the Boensch Trust v Pascoe [2010] NSWSC 1172
HEARING DATE(S) : 13 October 2010
JUDGMENT DATE : 15 October 2010
JUDGMENT OF : Ball J
1. The defendant pay the plaintiff's costs of the notice of motion filed on 13 July 2010. DECISION : 2. The plaintiff pay the defendant's costs of the defendant's compliance with the orders made on 24 August 2008. 3. The parties otherwise bear their own costs of the proceedings.
CATCHWORDS : COSTS - no order as to costs - compromised proceedings - defendant offered genuine compromise - no reason to depart from general principle. COSTS - exceptions to the general rule that costs follow the event - conduct of parties - whether plaintiff acted unreasonably in proceeding with motion without first making enquiries of the defendant's solicitors - no reason to depart from general rule
LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
ASIC v Rich [2003] NSWSC 297 CASES CITED : Re Minister for Immigration & Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Steffen v ANZ Banking Corporation Limited [2009] NSWSC 883
PARTIES : Franz Boensch as trustee for the Boensch Trust (Plaintiff) Scott Darren Pascoe (Defendant)
FILE NUMBER(S) : SC 2010/149624
COUNSEL : M J Heath (Plaintiff) A P Spencer (Defendant)
SOLICITORS : Malcolm Wright (Plaintiff) Sally Nash & Co (Defendant)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BALL J
15 OCTOBER 2010
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