Dean v Phung (No 2) [2013] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: Dean v Phung (No 2) [2013] NSWSC 116 Hearing dates: 15/02/2013 Decision date: 25 February 2013 Before: Hislop J Decision: I make the following Orders: (a) Each party to bear his own costs of the plaintiff's application to amend his Statement of Claim, heard by Deputy Registrar Howard on 14 October 2010. (b) The defendant pay the plaintiff interest, at the rate prescribed by s 101 of the Civil Procedure Act 2005, on the costs the subject of the costs order of Hislop J made on 30 June 2011 as assessed or agreed from 3 August 2011 until payment. (c) Each party to bear his own costs of the Notice of Motion filed on 25 October 2012. Catchwords: Tort - personal injury - costs - interest thereon Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules (NSW) 2005 Cases Cited: Australian Development Corporation Pty Limited v White Constructions (ACT) Pty Limited [2002] NSWSC 280. Grogan v Thiess Contractors Pty Limited [2000] NSWSC 1101. Puntoriero v Water Administration Ministerial Corporation [2002] NSWSC 217. Lahoud v Lahoud [2006] NSWSC 126. Davies v Kuring-gai Municipal Council [2003] NSWSC 1010. Category: Costs Parties: Todd Owen Dean (P) Mark Phung (D) Representation: Counsel: D. Toomey (plaintiff) M. Phung (self-represented) Solicitors: Beilby Poulden Costello (plaintiff) File Number(s): 2008/289693

Judgment