NSW Caselaw
New South Wales Supreme Court
CITATION : Palace Films Pty Ltd v Fairfax Media Publications Pty Limited [2010] NSWSC 962
HEARING DATE(S) : 12 August 2010
JUDGMENT DATE : 16 August 2010
JUDGMENT OF : McCallum J at 1
EX TEMPORE JUDGMENT DATE : 16 August 2010
1. Subject to order 2 that the plaintiffs pay the defendants' costs of the hearing before me on 30 April 2010 but not on an indemnity basis. DECISION : 2. The costs thrown away by reason of the plaintiffs' reliance on a cause of action for breach of confidence and their subsequent abandonment of that cause of action be assessed on an indemnity basis. 3. Mr Rosen's costs in accordance with orders 1 and 2 be payable forthwith.
CATCHWORDS : COSTS - application for indemnity costs - application for costs payable forthwith - where plaintiff dismissed points raised in correspondence but subsequently abandoned some claims
LEGISLATION CITED : Uniform Civil Procedure Rules
CATEGORY : Consequential orders
Palace Films Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2010] NSWSC 415 CASES CITED : Lahoud v Lahoud [2006] NSWSC 126 Oshlack v Richmond River Council (1998) 193 CLR 72 Fiduciary v Morning Star Research Pty Limited (2002) NSWSC 432
PARTIES : Palace Films Pty Ltd ACN 089 674 279 Fairfax Media Publications Pty Limited ACN 003 357 720
FILE NUMBER(S) : SC 09/297851
R. Rasmussen (Plaintiff) COUNSEL : A.T.S. Dawson (First and Third Defendants) R. Potter (Second Defendant) M. Richardson (Fourth, Fifth and Sixth Defendants)
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