Royal Guardian Mortgage Management Pty Ltd v Nguyen [2012] NSWSC 769

Supreme Court New South Wales

Medium Neutral Citation: Royal Guardian Mortgage Management Pty Ltd v Nguyen [2012] NSWSC 769 Hearing dates: 9 July 2012 Decision date: 13 July 2012 Before: Adamson J Decision: (1) Appeal allowed. (2) Set aside order 1 made by Associate Justice Harrison on 15 May 2012 and in lieu thereof order the defendants to pay the plaintiff's costs of the notice of motion filed on 5 May 2011, including the costs of the application for the costs of that motion. (3) Order the defendants to pay the costs of this appeal. Catchwords: APPEAL - appeal from an award of costs - principles governing appeals concerning the exercise of a discretion PRACTICE AND PROCEDURE - costs - principles governing the exercise of costs discretion Legislation Cited: - Uniform Civil Procedure Rules 2005 - Supreme Court Act 1970 Cases Cited: - House v The King [1936] HCA 40; 55 CLR 499 - Re Minister for Immigration & Ethnic Affairs; ex parte Lai Qin [1997] HCA 6; 186 CLR 622 - Hession v Century 21 South Pacific Limited (in liquidation) (1992) 28 NSWLR 120 Category: Principal judgment Parties: Royal Guardian Mortgage Management Pty Ltd (Plaintiff) Beth Ngoc Nguyen (First defendant) Ian Stolyar (Second defendant) Representation: Counsel: M Young SC (Plaintiff) D Baran (Defendants) Solicitors: Bransgroves Lawyers (Plaintiff) Gilbert + Tobin (Defendants) File Number(s): 2010/105936