NSW Caselaw
New South Wales Supreme Court
CITATION : Coastline Constructions (Aust) Pty Ltd & Ors v Kakavas & Ors [2010] NSWSC 62
HEARING DATE(S) : 4 February 2010
JUDGMENT DATE : 16 February 2010
JUDGMENT OF : Schmidt J
DECISION : 1. The first defendant is to pay the second plaintiff's costs of the proceedings as agreed or assessed. 2. The first cross claimant and the first cross defendant to pay their own costs on the cross claim.
CATCHWORDS : PROCEDURE - costs - general rule costs follow the event - multiple issues - failure on one issue - no departure from general rule - refusal of costs of successful party - nominal success on cross claim - each party to bear their own costs of cross claim
CASES CITED : Coastline Constructions (Aust) Pty Ltd & Ors v Kakavas & Ors [2009] NSWSC 1438 Hughes v Western Australian Cricket Association (Inc) & Ors [1986] FCA 382
First Plaintiff - Coastline Constructions (Aust) Pty Limited Second Plaintiff - Crackers Corporation Pty Ltd PARTIES : Third Plaintiff/Cross Defendant - Jarrod McCracken First Defendant/Cross Claimant - Harry Kakavas Second Defendant - William Kerwick Third Defendant - Jerry Pilarinos
FILE NUMBER(S) : SC 14406/07
COUNSEL : Plaintiffs - Mr MR Gracie First Defendant/Cross Claimant - Mr M Coffey, solicitor
SOLICITORS : Plaintiffs - Crisp Legal First Defendant/Cross Claimant - Gells Lawyers
- 4 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
SCHMIDT J TUESDAY, 16 FEBRUARY 2010
14406/07 COASTLINE CONSTRUCTIONS (AUST) PTY LTD AND ORS v HARRY KAKAVAS AND ORS
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