Sydney Water v Asset Geotechnical Engineering & Ors (No 2) [2013] NSWSC 1604

Supreme Court New South Wales

Medium Neutral Citation: Sydney Water v Asset Geotechnical Engineering & Ors (No 2) [2013] NSWSC 1604 Hearing dates: 17/10/2013 Decision date: 17 October 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) I dismiss Asset's notice of motion of 20 September 2013; (2) I order Asset Geotechnical to pay Sydney Water's costs of the motion as part of the costs payable under order 7 pronounced on 6 September 2013. Catchwords: COSTS - notice of motion filed by first defendant seeking bullock order against plaintiff - whether circumstances exist justifying departure from the ordinary rule that costs follow the event Legislation Cited: Civil Liability Act 2002 (NSW) Law Reform Miscellaneous Provisions Act 1946 (NSW) Sydney Water Act 1994 (NSW) Cases Cited: Dymocks Book Arcade Pty Ltd v Capral Ltd [2010] NSWSC 195 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 50; 128 FCR 1 Hampic Pty Ltd v Adams [1999] NSWCA 455 HIH Casualty & General Insurance Ltd v Pluim Constructions Pty Ltd [2000] NSWCA 281 Category: Costs Parties: Sydney Water Corporation (plaintiff) Asset Geotechnical Engineering Pty Ltd (first defendant) Peter Anthony John Liddy (second defendant) Michelle Ann Liddy (third defendant) Lindsay Hyde Page (fourth defendant) Flexible Excavations Pty Limited (cross-defendant) Representation: Counsel: J Sheller (plaintiff) RS Sheldon SC with P Knowles (first defendant) Solicitors: DLA Piper Australia (plaintiff) Kennedys (Australasia) Pty Ltd (first defendant) Walkom Lawyers (second and third defendant) O'Brien Lawyers (fourth defendant) Hicksons (cross-defendant) File Number(s): 2010/66127