MGIL Pty Limited v Maria Di Giannantonio as Executrix of the Deceased Estate of Michele Di Giannantonio [No 2] [2013] NSWSC 1302

Supreme Court New South Wales

Medium Neutral Citation: MGIL Pty Limited v Maria Di Giannantonio as Executrix of the Deceased Estate of Michele Di Giannantonio [No 2] [2013] NSWSC 1302 Hearing dates: 10 September 2013 Decision date: 10 September 2013 Jurisdiction: Common Law Before: Bellew J Decision: (1) In respect of the order at paragraph [136](iv) of my judgment of 19 August 2013, the words "of the proceedings in this Court, as agreed or assessed" are added so that the order of the Court is: "The defendant is to pay the plaintiff's costs of the proceedings in this Court, as agreed or assessed". (2) In respect of the order in paragraph (1) herein, the defendant is to have a certificate pursuant to the provisions of the Suitors' Fund Act 1951, if so qualified. (3) The costs of the entirety of the proceedings in the Local Court are to be at the discretion of the Magistrate at the conclusion of those proceedings. Catchwords: COSTS - where plaintiff successful on appeal from decision of Magistrate - where proceedings remitted for further determination by the Magistrate - whether plaintiff entitled to the entirety of the costs of the appeal - whether the plaintiff should have an order made in its favour that the defendant pay the costs of the Local Court proceedings as well as the costs of the appeal. Legislation Cited: Civil Procedure Act 2005 Suitor's Fund Act 1951 Cases Cited: Brittain v Commonwealth (No. 2) [2004] NSWCA 427 Getex Pty Limited v Reed Business Information Pty Limited and ors [2013] NSWSC 1161 M.G.I.L. Pty Ltd v Maria Di Giannantonio [2013] NSWSC 1113 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15\ Waters v PC Anderson (Australia) Pty Ltd [1994] NSWCA 338 Category: Principal judgment Parties: MGIL Pty Limited - Plaintiff Maria Di Gianntonio as Executrix of the Estate of the Late Michele Di Gianntonio - Defendant Representation: Mr C Locke (Plaintiff) Mr S Reuben (Defendant) Oliveri Lawyers (Plaintiff) Stuart J McDonald and Associates (Defendant) File Number(s): 2012 / 220757 Publication restriction: Nil Decision under appeal Date of Decision: 2012-06-19 00:00:00 Before: Magistrate G Bradd