Tomasetti v Brailey [2012] NSWSC 120

Supreme Court New South Wales

Medium Neutral Citation: Tomasetti v Brailey [2012] NSWSC 120 Hearing dates: 13 February 2012 Decision date: 24 February 2012 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. The plaintiffs are to pay interest on the defendants' costs pursuant to s 101(4) Civil Procedure Act 2005. 2. Time extended for the plaintiffs to apply for an order as to the apportionment as to costs payable to the defendants. 3. The plaintiffs' application for apportionment as to costs payable to the defendants is refused. 4. The plaintiffs are to pay the defendants' costs of these proceedings insofar as they are concerned with the defendants' application for interest and the plaintiffs' application for apportionment. The defendants are to pay the plaintiffs' costs of these proceedings insofar as they are concerned with the defendants' application for indemnity costs. 5. Liberty to apply on 3 days notice if any alternative or additional orders are sought. Catchwords: PROCEDURE - costs - general rule costs follow the event - apportionment of costs between unsuccessful plaintiffs - commonality of evidence and issues in the cases for each plaintiff - PROCEUDRE - costs - power to order interest on costs - Civil Procedure Act 2005 s 101(4) - circumstances when appropriate to order Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Fair Trading Act 1987 Uniform Civil Procedure Rules 2005 Cases Cited: Coyne v Calabro (No 7) [2010] NSWSC 846 Drummond and Rosen Pty Ltd v Easey (No 2) [2009] NSWCA 331 Joseph Lahoud v Victor Lahoud [2006] NSWSC 126 Leda Pty Ltd v Weerden (No 2) [2007] NSWCA 283 Mike Gaffikin Marine Pty Ltd v Princes Street Marina Pty Ltd (Supreme Court of New South Wales, 15 July 1996, unreported) Robb Evans of Robb Evans & Associates v European Bank Ltd (No 2) [2009] NSWCA 170 Rushcutters Bay Smash Repairs v H McKenna Netmakers [2003] NSWSC 670 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256 Category: Costs Parties: Peter Charles Tomasetti (First plaintiff) Sandra Cordony (Second plaintiff) Tomasetti Investments Pty Limited as trustee for the Tomasetti Superannuation Fund (Third plaintiff) Edmund Francis Brailey (First defendant) John Clifford Fenton (Second defendant) Christopher Campbell Lane (Third defendant) TJC Financial Planning Pty Limited (Fourth defendant) Representation: Mr I D Faulkner SC with Mr A Maroya (Plaintiffs) Mr C Carroll (Defendants) Heckenberg & Koops (Plaintiffs) Holman Webb Lawyers (Defendants) File Number(s): 2009/297599