Watson, Estate of v Conolly (No 2) [2012] NSWSC 803

Supreme Court New South Wales

Medium Neutral Citation: Watson, Estate of v Conolly (No 2) [2012] NSWSC 803 Hearing dates: On the papers Decision date: 19 July 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. The defendants pay the plaintiff's costs of and incidental to the plaintiff's motion filed 29 November 2011 on an indemnity basis. 2. The costs the subject of order 1 be assessable and payable forthwith. 3. The defendants pay the plaintiff's costs thrown away by reason of the amendment including the costs of filing an amended reply, 4. There be liberty to the plaintiff to apply in respect of any order for the costs the subject of order 1 to be payable in a lump sum on the basis of a provisional assessment. Catchwords: COSTS - Application for costs of interlocutory motion to be payable forthwith on indemnity basis - whether relevant delinquency - no defence brought against application to strike out proceedings - unsupported and irrelevant allegations of negligence. Legislation Cited: Civil Procedure Act 2005 - s 98(1)(c) Cases Cited: Bevillesta Pty Ltd v D Tannous No 2 Pty Ltd [2010] NSWCA 277 Oshlack v Richmond River Council [1998] HCA 11; (1988) 193 CLR 72 Watson, Estate of v Conolly [2012] NSWSC 741 Category: Costs Parties: Christine Watson as Executor of the Estate of David Patrick Watson (Plaintiff) Alan Robert Conolly (First Defendant) Paul John Hendriks (Second Defendant) David Michael Hunt (Third Defendant) Lara Mynott (Fourth Defendant) Elizabeth Ramsay (Fifth Defendant) Representation: Counsel: Written submissions (Ms V M Heath (Plaintiff) Mr B Toomey QC (First - Fifth Defendants) Solicitors: Etheringtons Solicitors (Plaintiffs) HWL Ebsworths (1st to 5th Defendants) File Number(s): 2007/264927