Voss v Ipkendanz [2013] NSWSC 415

Supreme Court New South Wales

Medium Neutral Citation: Voss v Ipkendanz [2013] NSWSC 415 Hearing dates: 22/04/2013 Decision date: 26 April 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Mr Ipkendanz is to pay Mr Voss' costs in relation to the notice of motion filed 4 December 2008 including the hearing before Latham J (the stay proceedings) and the amended summons filed 10 June 2009 including the hearing before Simpson J on an ordinary basis. (2) Paragraph 3 of Mr Voss' amended notice of motion dated 21 March 2013 is refused. (3) Mr Ipkendanz's notice of motion filed 13 February 2013 is dismissed. (4) Mr Ipkendanz is to pay Mr Voss' costs of the amended motion dated 21 March 2013 and the notice of motion filed 13 February 2013. Catchwords: COSTS - proportionality of costs - delay in seeking costs - whether costs finally determined without order reserving costs in earlier proceedings - whether punitive damages should be awarded - costs to follow the event Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Oshlack v Richmond River Counsel [1998] HCA 11; (1998) 193 CLR 72 Voss v Ipkendanz [2009] NSWSC 562 Category: Procedural and other rulings Parties: Michael David Voss (Plaintiff) Andrew Kendall Ipkendanz (Defendant) Representation: Counsel: D J Barnett (Defendant) Solicitors: M D Voss (Plaintiff in person) AC Dunstan Lawyers (Defendant) File Number(s): 2008/288098