NSW Caselaw
New South Wales Supreme Court
CITATION : Constantinidis and Anor v Kehagiadis [2010] NSWSC 1261
HEARING DATE(S) : 27 October 2010
JUDGMENT DATE : 4 November 2010
JUDGMENT OF : Schmidt J
DECISION : 1. The plaintiffs are to bear the defendant's costs of the September motion, as agreed or assessed. 2. The plaintiffs to bear the proposed defendants' costs of the August and September motions, as agreed or assessed.
CATCHWORDS : PROCEDURE - Supreme Court procedure - New South Wales - notice of motion - amendment to pleading - leave to file further amended statement of claim - amendment to pleading - plaintiffs withdrew motion - costs - reconsideration of earlier costs orders against plaintiffs sought - unnecessary costs incurred by defendant and proposed defendants as result of plaintiffs' acts - no departure from usual rule - costs ordered - plaintiffs to bear costs as agreed or assessed
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
George Constantinidis - First Plaintiff PARTIES : Gemma Constantinidis - Second Plaintiff Meropi Kehagiadis - Defendant
FILE NUMBER(S) : SC 2009/297696
COUNSEL : Mr M Dicker - Defendant Mr N Beaumont for the proposed Second and Third Defendants
SOLICITORS : Plaintiffs - unrepresented Defendant - Colin Biggers & Paisley
- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION SCHMIDT J
THURSDAY, 4 NOVEMBER 2010
2009/297696 CONSTANTINIDIS AND ANOR v KEHAGIADIS
JUDGMENT 1 HER HONOUR: By notice of motion filed on 28 September 2010, the first plaintiff, Mr Constandinidis sought orders:
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