NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Young v Kruger [2012] NSWSC 628 Hearing dates: 31/05/2012 Decision date: 19 June 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to appeal is not granted. (2) The summons filed 4 November 2011 is dismissed. (3) The plaintiffs are to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - plaintiffs successful at Local Court - appeal against decision that parties pay their own costs -Calderbank offer by plaintiffs - whether plaintiffs satisfied court that costs discretion should have been exercised in their favour - leave to appeal refused Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: A Team Diamond Headquarters Pty Ltd v Main Road Property Group Pty Ltd [2009] VSCA 208 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Brereton v Higgins [2004] NSWCA 48 Calderbank v Calderbank [1976] Fam 93 Campbell & Co v Pollak [1927] AC 732 Cat Media Pty Ltd v Allianz Australia Insurance Ltd [2006] NSWSC 790 Hall v Poolman [2009] NSWCA 64 Hall v Poolman [2007] NSWSC 1330 House v The King (1936) 55 CLR 499 Luxmore Pty Ltd v Hydedale Pty Ltd [2008] VSCA 212 McDonnell v McDonnell [1977] 1 All ER 76 Messiter v Hutchinson (1987) 10 NSWLR 525 Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ritter v Godfrey [1920] 2 KB 47 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Principal judgment Parties: David Gregory Young (First Plaintiff) Kruger Specialist Services Pty Limited (In Liquidation) (Second Plaintiff) Susan Margaret Kruger (Defendant) Representation: RD Marshall (Plaintiffs) D Accoto (Defendant) Gillis Delaney Lawyers (Plaintiffs) Hall Partners (Defendant) File Number(s): 2011/353021 Decision under appeal Date of Decision: 2011-10-13 00:00:00 Before: Maloney LCM File Number(s): 2010/5355
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