Sciacca v Langshaw Valuations Pty Ltd (No 2) [2013] NSWSC 1476

Supreme Court New South Wales

Medium Neutral Citation: Sciacca v Langshaw Valuations Pty Ltd (No 2) [2013] NSWSC 1476 Hearing dates: 4 October 2013 Decision date: 08 October 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the third defendant to pay the plaintiffs' costs of the motion filed on 20 August 2012 and the amended motion filed on 12 July 2013, including the costs of the hearing on 4 October 2013. Catchwords: PRACTICE AND PROCEDURE- costs- application for orders forthwith- conduct of unsuccessful party not unreasonable Legislation Cited: - Corporations Act 2001 (Cth), s 601AG Cases Cited: - Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; 55 NSWLR 1 - Sciacca v Langshaw Valuations Pty Ltd [2013] NSWSC 1285 Category: Procedural and other rulings Parties: Frank Sciacca (First Plaintiff) Maura Spresian (Second Plaintiff) Rosie Iannelli (Third Plaintiff) Vero Insurance Ltd (Third Defendant) Representation: Counsel: HWM Stitt (Plaintiffs) DA Lloyd (Third Defendant) Solicitors: WKA Legal (Plaintiffs) Kennedys Lawyers (Third Defendant) File Number(s): 2011/90522 Publication restriction: Nil

Judgment

Introduction 1On 10 September 2013 I published my reasons for refusing the third defendant's (Vero) application for summary dismissal: Sciacca v Langshaw Valuations Pty Ltd [2013] NSWSC 1285. 2On 4 October 2013 I heard argument on the costs of the motion filed on 20 August 2012 (the motion) and the amended motion filed on 12 July 2013 (the amended motion). The plaintiffs sought an order that Vero pay their costs of the motion and amended motion forthwith. Vero contended that the appropriate costs orders were that there be no order as to costs of the motion or amended motion until 12 July 2013 and that Vero pay the plaintiffs' costs of the amended motion on and from 12 July 2013.