Sciacca v Langshaw Valuations Pty Ltd [2012] NSWSC 1450

Supreme Court New South Wales

Medium Neutral Citation: Sciacca v Langshaw Valuations Pty Ltd [2012] NSWSC 1450 Hearing dates: 26 November 2012 Decision date: 27 November 2012 Before: McCallum J Decision: See [74] of the judgment Catchwords: PROCEDURE - costs - appeals as to costs - mistake of law - general rule that costs follow the event only displaced by disentitling conduct - third defendant to pay plaintiff's costs of motion.

PROCEDURE - discovery and interrogatories - discovery and inspection of documents -competent legal advice does not necessarily ensure that the obligations of a subpoena have been complied with- it was open to the deputy registrar to order the third defendant to attend court to be examined in respect of its response to the subpoenas. Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Hexiva Pty Limited v Lederer [2006] NSWSC 561 House v The King (1936) 55 CL 499 Jackamarra v Krakouer [1998] HCA 27 (1998) 195 CLR 516 Pyoja Pty Limited v 284 Bronte Road Developments [2006] NSWSC 831; (2006) 67 NSWLR 1 Tomko v Palasty (No 2) [2007] NSWCA 369 Trade Practice Commission v Arnotts Limited (No 2) (1989) 21 FCR 306 Category: Interlocutory applications Parties: Frank Sciacca (first plaintiff) Maura Spresian (second plaintiff) Rosie Iannelli (third plaintiff) Vero Insurance (third defendant) Representation: Counsel: H Stitt (plaintiffs) D Lloyd (third defendant) Solicitors: File Number(s): 2011/90522