Hull v Brailey [2012] NSWSC 1164

Supreme Court New South Wales

Medium Neutral Citation: Hull v Brailey [2012] NSWSC 1164 Decision date: 27 September 2012 Before: Grove AJ Decision: Direction that judgment be entered for the defendants. 1) The plaintiffs are to pay the defendants costs of the action as agreed or assessed; 2) The plaintiffs are to pay to the defendants interest on costs as assessed or agreed but not exceeding costs of $207,589.09 from 11 April 2012 until payment of that interest, and, the plaintiffs are to pay to the defendants interest on costs as assessed or agreed but not exceeding costs of $389,567.46 from 4 September 2012 until payment of that interest. Catchwords: COSTS Legislation Cited: Civil Procedure Act 2005 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Joseph Lahoud & Anor v Victor Lahoud & Ors [2006] NSWSC 126 Category: Costs Parties: Richard Kenneth Hull (First plaintiff) Richard Kenneth Hull and Lainie Hull ATF the R&L Superannuation Fund (Second plaintiff) Lainie Hull (Third plaintiff) Edmund Francis Brailey (First defendant) TJC Financial Planning Pty Ltd (Second defendant) Representation: Counsel: Mr MS White of counsel with Mr PM Afshar of counsel (Plaintiffs) Mr TGR Parker SC with Mr CG Carroll of counsel (Defendants) Solicitors: McCabe Terrill Lawyers (Plaintiffs) Holman Webb Lawyers (Defendants) File Number(s): 2009/00297894