Wargent v Bellamax Investments [2011] NSWSC 1461

Supreme Court New South Wales

Medium Neutral Citation: Wargent v Bellamax Investments [2011] NSWSC 1461 Hearing dates: 18 November 2011 Decision date: 01 December 2011 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) Order the Defendants to pay the Plaintiff's costs between 24 December 2010 and 8 June 2011, such costs to be calculated on the ordinary basis. (b) Make no order for costs for the period thereafter, including the costs of the hearing of the costs application, with the intent that each party shall pay her, or its, own costs. Catchwords: Costs where matter resolved and no hearing on the merits Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Ajkay v Hickey & Co Pty Ltd [2011] NSWSC 822 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Boscaini Investments Pty Ltd v Corporation of the City of Kensington and Norwood (1999) SASC 327 Chapman v Luminis Pty Ltd [2003] FCAFC 162 Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Fire Containment Pty Ltd v Robins (No 2) [2011] NSWSC 547 Minister for Immigration and Ethnic Affairs, Re; Ex parte Lai Qin (1997) 186 CLR 622 Muhibbah Engineering (M) BHD and Anor v Trust Co Ltd and Anor [2009] NSWCA 205 Ohn v Walton (1995) 36 NSWLR 77 One Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548 Red Bull Australia Pty Ltd v Stacey and Graebner [2011] NSWSC 1350 Saeco International Group (Australia) Pty Ltd v Ubertini & Anor [2011] VSC 360 Category: Costs Parties: Gloria Rosemary Wargent (Plaintiff) Bellamax Investments Pty Limited (First Defendant) Muswellbrook Shire Council (Second Defendant) Representation: Counsel: Mr J Kildea (Plaintiff) Mr J Young (Defendants) Solicitors: NRM Thompson Norrie Lawyers (Plaintiff) Sparke Helmore (Defendants) File Number(s): 2011/15196