Gigi Entertainment Pty Ltd v Schmidt [2011] NSWSC 1346

Supreme Court New South Wales

Medium Neutral Citation: Gigi Entertainment Pty Ltd v Schmidt [2011] NSWSC 1346 Hearing dates: 16/09/2011, 21/10/2011, 02/11/2011, Decision date: 02 November 2011 Before: Garling J Decision: (1) The plaintiff's notice of motion filed on 6 September 2011 is dismissed. (2) The Plaintiff to pay the defendant's costs of the notice of motion filed on 6 September 2011, but those costs are limited to the costs of and associated with the appearances before this court on 9 September 2011 and 2 November 2011; (3) Order 3(b) of the Orders made on 21 September 2011 stands and is not affected by today's order; (4) Costs of and associated with the preparation of the joint expert report referred to in Order 1 of the orders made on 21 September 2011 are costs in the cause. (5) Matter to be listed before the registrar at 9am on Thursday, 10 November 2011 for directions, for the purpose of the allocation of the hearing date. Catchwords: COSTS - Notice of Motion seeking orders for reference - Joint expert report ordered with effect that differences minimised - Remaining issues to be determined at hearing - Plaintiff no longer presses motion - Whether costs of motion follow the event or be reserved - Plaintiff to pay for costs of starting and finishing motion - Costs in the cause for balance associated with joint expert reports Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Category: Interlocutory applications Parties: Gigi Entertainment Pty Limited (P) Michael Karl Schmidt (D) Representation: Counsel: C Mobellan (P) S Robertson (D) Solicitors: O'Neill Partners Commercial Lawyers (P) Brischetto and Ford (D) File Number(s): SC 2008/289478 Publication restriction: Nil