Hirst v Jones; Hirst v Jones [2014] NSWSC 65

Supreme Court New South Wales

Medium Neutral Citation: Hirst v Jones; Hirst v Jones [2014] NSWSC 65 Hearing dates: 22 October 2013 Decision date: 12 February 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1) Order the plaintiffs to pay the costs of the third defendant and the fifth defendant in Proceedings No 352440 of 2012 up to and including, but not after, 6 June 2013 on the ordinary basis (2) Order that the plaintiffs are not required to pay the costs of the third defendant and fifth defendant in Proceedings No 352440 of 2012 in relation to the notice of motion filed by the first defendant and the second defendant in Proceedings No 25860 of 2012 on 19 July 2013 Catchwords: PROCEDURE - costs - general rule - whether costs should follow the event - whether plaintiffs should be ordered to pay more than one set of costs for defendants with the same interests - whether defendants had the same interests - part of the costs to be paid on the ordinary basis - plaintiff not required to pay part of costs Cases Cited: McNamara v San [2010] NSWSC Milillo v Konnecke [2009] NSWCA 109 Statham v Shephard (No 2) (1974) 23 FLR 244 Category: Costs Parties: 2012/352440 Stephen Hirst and 89 others (plaintiffs) Martin Jones and 5 others (defendants)

2012/25860 Stephen Hirst and 92 others (plaintiffs) Martin Jones and 1 other (defendants) Representation: Counsel: R White (plaintiffs) D Roche (first and second defendants) N Blake (third defendant) D Bender (fifth defendant) Solicitors: 2012/352440 DC Legal Pty Ltd (plaintiffs) Herbert Smith Freehills (first and second defendant) Clayton Utz (third defendant) Gilbert and Tobin (fifth defendant)