Tanwar Enterprises Pty Limited v Bradshaw [No 2] [2013] NSWSC 1458

Supreme Court New South Wales

Medium Neutral Citation: Tanwar Enterprises Pty Limited v Bradshaw [No 2] [2013] NSWSC 1458 Hearing dates: 19 September 2013 Decision date: 02 October 2013 Before: Bellew J Decision: (i) Each party is to pay its own costs of the appeal in this Court. (ii) The costs of the proceedings in the Local Court are to abide the outcome of those proceedings. Catchwords: COSTS - costs following successful appeal brought by the Plaintiff from a decision in the Local Court - where conduct of the plaintiff's case in the court below was relevant to the discretion in respect of costs - where plaintiff's success on one ground of appeal was based upon submissions not put to the court below - where conduct of defendant in the proceedings in the court below in abandoning aspects of its defence on the day of the hearing contributed to the manner in which the proceedings unfolded before the Magistrate - whether costs should follow the event - whether the court should exercise its discretion to make some other order in light of the conduct of the proceedings by the parties in the court below - whether the court should order that the successful party on appeal pay the costs of the unsuccessful parties to the appeal - whether the court should depart from the general rule in some other way Legislation Cited: Uniform Civil Procedure Rules NSW 2005 Cases Cited: Conder v Silkbard Pty Ltd [1999] NSWCA 459 Donald Campbell & Co Limited v Pollak [1927] AC 732 Knight v Clifton [1971] 2 All ER 378 Miller v Miller (1979) 141 CLR 269 Tanwar Enterprises Pty Limited v Bradshaw [2013] NSWSC1276 Trade Practices Commission v Nicholas Enterprises Pty Limited (1979) 28 ALR 201; (1979) 42 FLR 213 Wickstead v Brown (1992) 30 NSWLR 1 Category: Costs Parties: Tanwar Enterprises Pty Limited - Plaintiff Cheryl Maree Bradshaw - First Defendant Firma Insurance Services Pty Limited - Second Defendant Representation: Mr C Jackson - Plaintiff Mr C Ackland - First Defendant Mr S Maybury - Second Defendant Remington and Co - Plaintiff Mason Black - First Defendant William Roberts Lawyers - Second Defendant File Number(s): 2013/64031 Publication restriction: Nil Decision under appeal Jurisdiction: 9109 Date of Decision: 2013-02-14 00:00:00 Before: Magistrate Bradd