Vaughan v Byron Shire Council [2012] NSWSC 75

Supreme Court New South Wales

Medium Neutral Citation: Vaughan v Byron Shire Council [2012] NSWSC 75 Hearing dates: 28/09/2011 Decision date: 17 February 2012 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The costs order made on 9 August 2011 be set aside and the plaintiffs ordered to pay the defendant's costs limited to the hearing of the motion before Harrison AsJ. The appeal is otherwise dismissed. 2. The amended defence filed on 19 August 2011 be further amended in accordance with [4] herein. 3. The plaintiffs are to pay the defendant's costs of the appeal. Catchwords: Appeal from decision granting leave to file amended defence - withdrawal of admissions - appeal from order to pay costs - error in exercise of judicial discretion - denial of procedural fairness Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Byron Shire Council v Vaughan, Vaughan v Byron Shire Council [2009] NSWLEC 88 Drabsch v Switzerland General Insurance Co Ltd (NSWSC, Santow J, 16 October 1996) House v R [1936] HCA 40; 55 CLR 499 Rigato Farms Pty Ltd v Ridolfi [2000] QCA 292 SLE Worldwide Australia Pty Ltd v Wyatt Gallagher Bassett Pty Ltd [2005] NSWSC 816 Vaughan v Byron Shire Council [2011] NSWSC 824 Category: Interlocutory applications Parties: John Vaughan (First plaintiff) Anne Vaughan (Second plaintiff) Byron Shire Council (Defendant) Representation: M Henry (Plaintiffs) S Glascott (Defendant) Mallesons Stephen Jaques (Plaintiffs) DLA Piper Australia (Defendant) File Number(s): 2010/363913