Gattellaro v Spencer (No 2) [2011] NSWSC 5

Supreme Court New South Wales

Medium Neutral Citation: Gattellaro v Spencer (No 2) [2011] NSWSC 5 Hearing dates: On written submissions Decision date: 02 February 2011 Jurisdiction: Common Law Before: Hislop J Decision: Application for indemnity costs refused. The defendants to pay the plaintiff's costs of this application. Catchwords: Common law - indemnity costs - no issue of principle. Cases Cited: O'Keefe v Hayes Knight GTO Pty Limited [2005] FCA 1559 Fountain Selected Meats (Sales) Pty Limited v International Produce Merchants Pty Limited (1988) 81 ALR 397 Category: Consequential orders Parties: Yolanda Gattellaro (Plaintiff) Keith Spencer (1st Defendant) William S Whitby (2nd Defendant) David J Adams (3rd Defendant) Representation: Counsel: D.W. Elliott (Plaintiff) D. Langusch (Defendants) Solicitors: Julie A. Orsini (Plaintiff) Yeldham Price O'Brien Lusk (Defendants) File Number(s): 2005/269546

Introduction 1This was an action by the plaintiff to recover damages from the defendants, a firm of solicitors, for alleged professional negligence by them. The action was unsuccessful. The plaintiff was ordered to pay the defendants' costs. 2The defendants have made application for an order pursuant to the Court's discretion that the plaintiff pay the defendants' costs: (a) on an indemnity basis from the commencement of the proceedings, or (b) in the alternative, on a party-party basis up to and including 2 April 2008, and on an indemnity basis thereafter, or (c) in the further alternative, on a party-party basis up to and including 18 March 2010 and on an indemnity basis thereafter. 3The application is opposed by the plaintiff.