Fitzpatrick v Lithgow and District Workmens Club Limited (No 2) [2012] NSWSC 374

Supreme Court New South Wales

Medium Neutral Citation: Fitzpatrick v Lithgow and District Workmens Club Limited (No 2) [2012] NSWSC 374 Hearing dates: 17 April 2012 Decision date: 19 April 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: Order that the Plaintiff should pay one half of the Defendant's costs of the proceedings, such costs to be calculated on the ordinary basis. Such costs should not include the costs of the argument on costs in respect of which each party should bear his, or its, own costs. Order that the exhibits should be dealt with in accordance with the Uniform Civil Procedure Rules. Catchwords: Costs of the proceedings - Defendant seeks costs, calculated on the ordinary basis; or, in the alternative, an order that the Plaintiff should pay 90 per cent of those costs - Plaintiff seeks an order that there be no order as to costs Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Bullabidgee Pty Ltd v McCleary (No 2) [2011] NSWCA 343 Dynamics Co Pty Limited v G and M Nicholas Pty Limited (No 2) [2012] NSWSC 301 Fitzpatrick v Lithgow and District Workmens Club Limited [2012] NSWSC 265 Kazar (liquidator) v Kargarian; Re Frontier Architects Pty Ltd (in liq) (2011) 284 ALR 237 Latoudis v Casey (1990) 170 CLR 534 Luxmore Pty Ltd v Hydedale Pty Ltd (2008) 20 VR 481; [2008] VSCA 212 Ohn v Walton (1995) 36 NSWLR 77 Category: Costs Parties: Keith James Fitzpatrick (Plaintiff) Lithgow and District Workmens Club Ltd (Defendant) Representation: Counsel: Mr R Weaver (Plaintiff) Mr J Hyde (Defendant) Solicitors: Higgins Lawyers (Plaintiff) Barry F Cosier & Associates (Defendant) File Number(s): 2011/339511