Galea v Farrugia (No 2) [2012] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: Galea v Farrugia (No 2) [2012] NSWSC 863 Hearing dates: 19 July 2012 Decision date: 02 August 2012 Before: Hislop J Decision: 1. Order 2 in para [166] of the principal judgment herein dated 21 February 2012 is vacated. 2. In lieu thereof I order: (a) The plaintiffs to pay the first and second defendants' costs of the principal action on the ordinary basis to 11.00am on 22 December 2010 and thereafter on an indemnity basis. (b) The plaintiffs to pay the third and fourth defendants' costs of the principal action subject to the third and fourth defendants paying the plaintiffs' costs of and incidental to the late service of affidavit material served between 14 and 16 October 2011; and the costs of the plaintiffs arising from the application to adjourn the proceedings from approximately 11.00am on 18 October 2010 to 2.00pm on 21 October 2010. I further order: (a) The plaintiffs to pay the first and second defendants' costs of the notice of motion filed by the first and second defendants on 2 March 2012. (b) The third and fourth defendants to pay the costs of the plaintiffs and Lepipi Pty Limited in respect of the notice of motion filed by the third and fourth defendants on 5 March 2012. (c) The third and fourth defendants to pay the costs of the plaintiffs in respect of the amended notice of motion filed by the plaintiffs on 19 July 2012. (d) The plaintiffs to pay the costs of the first and second defendants to the amended notice of motion filed by the plaintiffs on 19 July 2012. Catchwords: Common law - costs Cases Cited: Barakat v Bazdarova [2012] NSWCA 140 Caine v Lumley General Insurance Limited (No 2) [2008] NSWCA 109 Morgan v Johnson (1998) 44 NSWLR 578 Tomanovic v Global Mortgage Equity Corporation Pty Limited (No 2) [2011] NSWCA 256 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Permanent Building Society v Wheeler (No 2) (1992) 10 WAR 569 Category: Costs Parties: 1st Plaintiff: Paul Galea 2nd Plaintiff: Mary Galea 1st Defendant: David Farrugia 2nd Defendant: Mary Farrugia 3rd Defendant: J & L Cauchi Pty Limited 4th Defendant: Joe Cauchi