Nowland v Maiolla Casbee Properties Pty Ltd v Eastwood Air Conditioning Pty Ltd (No 2) [2014] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: Nowland v Maiolla Casbee Properties Pty Ltd v Eastwood Air Conditioning Pty Ltd (No 2) [2014] NSWSC 289 Hearing dates: 19 February 2014 Decision date: 19 March 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)Substantive orders made on the basis of reasons for judgment published on 20 December 2013 as set out in par 16. (2)In proceedings No 2012/85607 order the first defendant to pay the plaintiffs' costs of the proceedings on the ordinary basis. (3)In proceedings No 2012/85607 make no order for costs for or against the second defendant, with the intent that the second defendant and all other parties will pay their own costs of the proceedings in so far as they involve the second defendant. (4)In proceedings No 2012/136262 make no order for costs, with the intent that each party will pay its own costs of the proceedings. (5)Order for the return of exhibits and subpoenaed material as set out in par 18 of the reasons for judgment. Catchwords: COSTS - Costs follow the event in first proceeding - Order each party to pay own costs in second proceeding - Plaintiff failed on case originally pleaded - Original case based upon false claim of execution of lease Cases Cited: Hooker v Gilling (No 2) [2007] NSWCA 214 James v Surf Road Nominees Ltd (No 2) [2005] NSWCA 296 Waters v PC Henderson (Australia) Pty Ltd [1994] NSWCA 338; (1994) 254 ALR 328 Turkmani v Visalingham (No 2) [2009] NSWCA 279 Category: Costs Parties: 2012/85607