Corby v Allen & Unwin Pty Limited (No 3) [2013] NSWSC 631

Supreme Court New South Wales

Medium Neutral Citation: Corby v Allen & Unwin Pty Limited (No 3) [2013] NSWSC 631 Hearing dates: 23 May 2013 Decision date: 23 May 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1) In respect of proceedings brought by Michael Corby Jnr, 348219 of 2012: (a) dismiss the proceedings; and (b) order the plaintiff to pay: (i) 25 per cent of the defendants' costs of the two day hearing on 27 and 28 March 2013; and (ii) all of the defendants' costs of the hearing on 17 May 2013; and (iii) the defendants' costs of the proceedings other than included in (a) and (b). (2) In respect of the proceedings brought by Rosleigh Corby, 348204 of 2012, order that 37½% of the costs of the hearing on 27 and 28 March 2013, being the costs referable to those proceedings, be costs in the cause. (3). In respect of the proceedings brought by Mercedes Corby, 340887 of 2012, order that 37½% of the costs of the hearing of 27 and 28 March 2013, being the costs referable to those proceedings, be costs in the cause. Catchwords: COSTS - applications to strike out imputations Cases Cited: Corby v Allen & Unwin Pty Limited [2013] NSWSC 308 Corby v Allen & Unwin Pty Limited [2013] NSWSC 617 Category: Procedural and other rulings Parties: Mercedes Pearl Corby (Plaintiff) Michael Corby Jnr (Plaintiff) Allen & Unwin Pty Ltd (First Defendant) Eamonn Duff (Second Defendant) Representation: Counsel: S Chrysanthou (Plaintiff) ATS Dawson (Defendants) Solicitors Kalantzis Lawyers (Plaintiff) Banki Haddock Fiora (Defendants): File Number(s): 2012/340887; 2012/348219 Publication restriction: Nil