HEARSE & ANOR v PALLISTER & ORS [2011] NSWSC 1064

Supreme Court New South Wales

Medium Neutral Citation: HEARSE & ANOR v PALLISTER & ORS [2011] NSWSC 1064 Hearing dates: On the papers Decision date: 12 September 2011 Jurisdiction: Common Law Before: Hall J Decision: The applications by the second defendant for an order against the plaintiffs that her costs of the proceedings be paid on an indemnity basis and for an order that her costs of the cross-claim be paid directly or indirectly by the plaintiffs by a Bullock or Sanderson order are refused. Catchwords: COSTS - indemnity costs - whether plaintiffs had reasonable prospects of success - whether there was a trial issue COSTS - Bullock and Sanderson orders - indemnity of costs incurred by the withdrawal of the cross-claims - whether cross-claim reasonably brought - whether the factual and legal issues were identical in the cross-claim to the primary proceedings AGENCY - whether agents acted outside scope of authority Legislation Cited: Evidence Act 1995 Cases Cited: Chaina v Alvaro Homes Pty Limited [2008] NSWCA 353 Chen v Karandonis [2002] NSWCA 412 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Donellan v Watson (1990) 21 NSWLR 335 Fountain Selected Meats (Sales) Limited v International Produce Merchants Pty Limited [1998] FCA 202; (1998) 81 ALR 397 GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited (2003) 201 ALR 55 Hearse & Anor v Pallister & Ors (unreported, 1 December 2009) Macedon Rangers Shire Council v Thompson [2009] VCA 209 Northside Developments Pty Limited v Registrar-General (1990) 64 ALJR 427 Category: Costs Parties: Phillip Baden HEARSE & ANOR v Mark James PALLISTER & ORS Representation: P: R Tregenza 2D: A McInerney P: Lander & Lander 2D: Ellison Tillyard Callanan File Number(s): 2006/262913