Workplace Safety Australia Pty Limited v Simple OHS Solution Pty Limited (Costs) [2013] NSWSC 1957

Supreme Court New South Wales

Medium Neutral Citation: Workplace Safety Australia Pty Limited v Simple OHS Solution Pty Limited (Costs) [2013] NSWSC 1957 Hearing dates: 17 December 2013 Decision date: 17 December 2013 Jurisdiction: Equity Division Before: Rein J Decision: Orders the plaintiff to pay first defendant's and the second defendant's costs on the usual basis Catchwords: COSTS - whether the plaintiff should only pay 50% of the first and second defendant's costs on the basis that some of the claims contained in the defendants' pleadings were abandoned before or during the hearing and because much of the defendants' evidence was not read Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Cases Cited: ACCC v Australian Safeway No 3 [2002] FCA 1294 Bostik Australia Pty Limited v Liddiard (No 2) [2009] NSWCA 304 Cretazzo v Lombardi (1975) 13 SASR 4 Hexiva Pty Ltd v Lederer (costs) [2006] NSWSC 1259 Macquarie International Health Clinic Pty Limited v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Paul v Cooke [2012] NSWSC 1203 Rafferty v Madgwicks; Time 2000 Systems (Aust) Pty Ltd v Rafferty (2012) 203 FCR 1, [2012] FCAFC 37 Workplace Safety Australia Pty Limited v Simple OHS Solution Pty Limited [2013] NSWSC 1936 Category: Costs Parties: Workplace Safety Australia Pty Limited (plaintiff / first cross defendant) Simple OHS Solutions Pty Limited (first defendant/ first cross claimant) Sue Louise Bottrell (second defendant/ second cross claimant) Kim Kerri Ann Schekeloff (second cross defendant) Representation: Counsel: T. Alexis SC and Z. Steggall (plaintiff/first and second cross defendants) M. Ashhurst SC and L. Corbett (first and second defendants/ first and second cross claimants) Solicitors: Von Muenster Solicitors & Attorneys (plaintiff and first and second cross defendants) Cara Marasco & Co (first and second defendants/ first and second cross claimants) File Number(s): 2012/106183