Loiero (aka Lero) v Adel Sportswear Pty Ltd & Ors (No 2) [2010] NSWSC 1208

New South Wales Supreme Court

CITATION : Loiero (aka Lero) v Adel Sportswear Pty Ltd & Ors (No 2) [2010] NSWSC 1208

JUDGMENT DATE : 21 October 2010

JUDGMENT OF : Ball J

1. The first defendant pay 20 percent of the plaintiff's costs in relation to the separate question which White J ordered on 4 August 2010 to be determined by the court. DECISION : 2. The second and third defendants pay 80 percent of the plaintiff's costs in relation to the separate question. 3. The fourth defendant bear its own costs in relation to the separate question.

CATCHWORDS : COSTS – indemnity costs – defendants' prospect of success – no order for indemnity costs – no reason to reduce costs order. COSTS – apportionment of costs between parties – by reference to total costs awarded. COSTS – exceptions to the general rule that costs follow the event – multiple parties – inappropriate joinder - appropriate that party bear their own costs

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

CASES CITED : Loiero (aka Lero) v Adel Sportswear Pty Ltd & Ors [2010] NSWSC 1133 Rosniak v GIO (NSW) (1997) 41 NSWLR 608

Anthony Tony Mario Loiero (aka Anthony Lero) (Plaintiff) Adel Sportswear Pty Ltd ACN 113 110 893 (First Defendant/Cross Defendant) PARTIES : Robert Tiricovski (Second Defendant) Slavica Tiricovski (Third Defendant) Australia and New Zealand Banking Group Limited ACN 005 357 522 (Fourth Defendant/Cross Claimant)

FILE NUMBER(S) : SC 2010/257862

M Aldridge SC (Plaintiff) J J Loofs (Plaintiff) COUNSEL : No Appearance (First Defendant/Cross Defendant) N Allan (Second and Third Defendants) M J Cohen (Fourth Defendant/Cros Claimant)