Morse v Riley (No 4) [2014] NSWSC 299

Supreme Court New South Wales

Medium Neutral Citation: Morse v Riley (No 4) [2014] NSWSC 299 Hearing dates: 19 March 2014 Decision date: 19 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Order that prayers 1 and 2 of the Notice of Motion filed 28 January 2014 be dismissed. 2. The order made by Sackar J on 29 January 2014 (that no judgment is to be entered on the Cross Claim until further order of the Court) is vacated. 3. Judgment is to be entered in favour of the Cross Defendant on the Cross Claim. 4. Each party to bear its own costs of the Cross Claim. 5. Grant liberty to apply to Beech-Jones J. Catchwords: COSTS - no question of principle. Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 6 Cases Cited: - Chubb Insurance Co of Australia Ltd v Moore [2013] NSWCA 212; 302 ALR 101 - Harrem Pty Ltd v Tebb [2008] NSWSC 510 - Morse v Riley (No 3) [2014] NSWSC 236 Category: Interlocutory applications Parties: Joanna Louise Morse (First Plaintiff) Joanna Chapman Investments Pty Ltd (Second Plaintiff) Michael Thomas Riley (First Defendant) Julie Anne Riley (Second Defendant) LawCover Insurance Pty Ltd (Cross Defendant) Representation: Counsel: T. Molomby SC, M. Fraser (Plaintiffs) No appearance (Defendants) J. Downing (Cross Defendant) Solicitors: Castagnet Lawyers (Plaintiffs) Submitting appearance (First Defendant) HWL Ebsworth (Cross Defendant) File Number(s): 2011/177707