NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Anthony Simon Bell v Rittal Pty Limited [2013] NSWSC 398 Hearing dates: 21 June 2012 Decision date: 23 April 2013 Jurisdiction: Common Law Before: Hidden J Decision: Orders made, including stay of payment of costs of second cross-claim Catchwords: CIVIL PROCEDURE - application for stay of payment of costs order until completion of current proceedings - discontinuance of proceedings - cross-claim in those proceedings - order that defendant pay cross-claimant's costs - plaintiff's agreement to pay those costs - institution by plaintiff of fresh proceedings against cross-defendant - application to stay payment of cross-defendant's costs in original proceedings until completion of new proceedings Legislation Cited: Civil Procedure Act 2005 Cases Cited: - Australian Beveridge Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd [2006] NSWSC 560, 58 ACSR 22 - Padkohe Pty Ltd v Fletcher [2006] NSWSC 1239 - Australian Receivables Ltd v Tekitu Pty Ltd [2011] NSWSC 1425 - Lahoud v Lahoud [2012] NSWSC 284 - Tanlane Pty Ltd v Moorebank Recyclers Pty Ltd (No. 3) [2012] NSWSC 90 - Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 1106 - in Re A Debtor No. 21 of 1950 (No. 2) [1951] 1 Ch 612 - Landini v State of New South Wales [2009] NSWSC 431 Category: Interlocutory applications Parties: Anthony Simon Bell (plaintiff) Rittal Pty Ltd (1st defendant) Rittal GmbH & Co KG (2nd defendant) Rittal Pty Ltd (cross claimant) Abell Electrical Industries Pty Ltd (1st cross defendant) Johnson & Johnson Pacific Pty Ltd (2nd cross defendant) Representation: Counsel: T Davy (plaintiff) B Williams (1st & 2nd defendants, mentioning 1st cross-claimant/defendant) N Chen (2nd cross-defendant) Solicitors: Tiana Daly - Watkins Tapsell (plaintiff) Brett Williams - Vardanega Roberts Solicitors (1st & 2nd defendants, mentioning 1st cross-claimant/defendant) Stewart Cameron - Hicksons (1st cross-defendant) Christopher John Pagent - Corrs Chambers Westgarth (2nd cross-defendant) File Number(s): 2010/110237
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