Wood v Crawford [No 2] [2010] NSWSC 252

New South Wales Supreme Court

CITATION : Wood v Crawford [No 2] [2010] NSWSC 252

HEARING DATE(S) : 3 March 2010

JUDGMENT DATE : 6 April 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

ORDERS: (a) Direct each party to file and serve agreed orders consequent upon both my judgment of 24 December 2009 and today's judgment, or in the absence of agreement to serve each party's proposed orders consequent upon such judgments, by no later than 9 April 2010. DECISION : (b) Order the defendant to pay 50% of the plaintiff's costs of these proceedings incurred up to 24 December 2009 and to pay 50% of the plaintiff's costs of the present argument as to costs in the proceedings. (c) Otherwise reserve questions of the costs incurred after 24 December 2009 in the proceedings. (d) Grant liberty to apply.

CATCHWORDS : PROCEDURE - costs - plaintiff successful in gaining principal relief sought - general rule costs follow the event - successful party may be deprived of costs due to his own conduct - plaintiff not entitled to all his costs due to plaintiff's own conduct

LEGISLATION CITED : Civil Procedure Act 2005 s 98 Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.5

CATEGORY : Consequential orders

Jamal v Secretary Department of Health (1988) 14 NSWLR 252 Latoudis v Casey (1990) 170 CLR 534 Milne v Attorney General for Tasmania (1956) 95 CLR 460 CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 Ritter v Godfrey [1920] 2 KB 47 Sunday Times Newspaper Co Ltd v McIntosh (1933) 33 SR (NSW) 371 Wood v Crawford [2009] NSWSC 1479