McGuirk v University of New South Wales (No. 2) [2011] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: McGuirk v University of New South Wales (No. 2) [2011] NSWSC 361 Hearing dates: 29 April 2011 Decision date: 05 May 2011 Jurisdiction: Common Law Before: Johnson J Decision: The Plaintiff's Notice of Motion filed 24 December 2010 is dismissed. The order made on 17 December 2010 that the Plaintiff is to pay 50% of the costs of the Defendant with respect to the Notice of Motion filed on 6 May 2010 is confirmed. Catchwords: PRACTICE AND PROCEDURE - costs - strike-out application by Defendant - partial but substantial success of application - appropriate costs order Legislation Cited: Trade Practices Act 1974 (Cth) Fair Trading Act 1987 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: McGuirk v The University of New South Wales [2010] NSWSC 1471 Bostik Australia Pty Limited v Liddiard (No. 2) [2009] NSWCA 304 Hawkesbury District Health Service Limited v Chaker (No. 2) [2011] NSWCA 30 Edwards v Santos Limited [2011] HCA 8; 85 ALJR 464 Cachia v Haines [1994] HCA 14; 179 CLR 403 Texts Cited: --- Category: Consequential orders Parties: Gerard Michael McGuirk (Plaintiff) University of New South Wales (Defendant) Representation: Counsel: Mr GM McGuirk (In Person) Mr M Izzo (Defendant) Solicitors: Plaintiff in Person Sparke Helmore (Defendant) File Number(s): 2008/289246