Perry and Bell v Australian Rail Track Corporation Ltd & Ors (No 2) [2013] NSWSC 883

Supreme Court New South Wales

Medium Neutral Citation: Perry and Bell v Australian Rail Track Corporation Ltd & Ors (No 2) [2013] NSWSC 883 Hearing dates: 29 June 2013 Decision date: 29 June 2013 Jurisdiction: Common Law Before: Campbell J Decision: In the matter of Stanley William Bell v Australian Rail Track Corporation Ltd & Ors [2013] NSWSC 714, I amend the orders appearing in paragraph 259 of my judgment published on 7 June 2013 by adding the following: (14) Each cross claim to which the third defendant is a party is dismissed. (15) Each of the first, second and third defendants is to bear his or its own costs of the cross claims to which the third defendant is a party. In the matter of William Charles Perry v Australian Rail Track Corporation Ltd & Ors [2013] NSWSC 714, I amend the orders set out in paragraph 309 of my judgment published on 7 June 2013 by adding the following: (14) Each cross claim to which the third defendant is a party is dismissed. (15) Each of the first, second and third defendants is to bear his or its own costs of the cross claims to which the third defendant is a party. Catchwords: COSTS - no question of principle Cases Cited: Perry and Bell v Australian Rail Track Corporation Ltd & Ors [2013] NSWSC 714 Category: Costs Parties: William Charles Perry (plaintiff) Stanley William Bell (plaintiff) Australian Rail Track Corporation Limited (first defendant) Kenneth William Eldridge (second defendant) GrainCorp Operations Limited (third defendant) Representation: Counsel: J. Catsanos (plaintiffs) D. Talintyre with K. James (first defendant) B. Hull (second defendant) M. Moore, solicitor (third defendant) Solicitors: White Barnes (plaintiffs) Wotton Kearney (first defendant) George Mallos Lawyer (second defendant) Goldbergs Lawyers (third defendant) File Number(s): 2009/337578; 2009/337579