NSW Caselaw
New South Wales Supreme Court
CITATION : Director of Public Prosecutions (Cth) v Della-Vedova (No 2) [2010] NSWSC 192
HEARING DATE(S) : 5 March 2010
JUDGMENT DATE : 18 March 2010
JUDGMENT OF : Harrison J
DECISION : No order as to costs. Parties to bear their own costs of and incidental to the proceedings.
CATCHWORDS : COSTS – plaintiff successfully sought superannuation order pursuant to Crimes (Superannuation Benefits) Act 1989 (Cth) s 19 – where plaintiff seeks no order for costs against the defendant – where defendant seeks an order for costs against the plaintiff from date of offer of settlement – defendant's offer of settlement contained ambiguity causing misunderstanding between the parties which the defendant should have corrected – no order as to costs.
LEGISLATION CITED : Crimes (Superannuation Benefits) Act 1989
CATEGORY : Consequential orders
CASES CITED : Director of Public Prosecutions (Cth) v Della-Vedova [2010] NSWSC 8
PARTIES : Director of Public Prosecutions (Cth) (Plaintiff) Shane Malcolm Della-Vedova (Defendant)
FILE NUMBER(S) : SC 12440/2009
COUNSEL : C P O'Donnell (Plaintiff) J P Lo Schiavo (Defendant)
SOLICITORS : Commonwealth Director of Public Prosecutions (Plaintiff) Thomas Henry Bray Lawyer (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
18 March 2010
12440/2009 Director of Public Prosecutions (Cth) v Shane Malcolm Della-Vedova
JUDGMENT 1 HIS HONOUR: On 27 January 2010 I published my reasons for judgment in the principal proceedings: see [2010] NSWSC 8. I directed the parties to bring in short minutes of order to reflect my decision. That occurred on 5 March 2010 when the question of costs was also argued. These reasons are limited to a consideration of that issue. 2 The plaintiff successfully sought a superannuation order against the defendant pursuant to s 19 of the Crimes (Superannuation Benefits) Act 1989 (Cth). The orders that I made were as follows: "The Court:
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