Sweetman v Ritter (No 2) [2014] NSWDC 112

District Court New South Wales

Medium Neutral Citation: Sweetman v Ritter (No 2) [2014] NSWDC 112 Hearing dates: On the papers Decision date: 20 June 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The plaintiff have leave to file a statement of claim and rule 15 particulars by 4 July 2014. (2) Order that the costs of the summons be costs in the proceedings. Catchwords: COSTS - application for leave to commence proceedings out of time - leave granted Legislation Cited: Motor Accidents Compensation Act 1999, s 109 Uniform Civil Procedure Rules 2005, r 42.1, r 42.6, r 42.7 Cases Cited: Afarin v Excelior Pty Ltd [2013] NSWDC 65 Holt v Wynter (2000) 49 NSWLR 128 Category: Costs Parties: Colleen Sweetman (plaintiff) Jarrod Martin Ritter (defendant) Representation: Mr R Quickenden (plaintiff) Mr J Turnbull (defendant) Nash Allen Williams & Wotton (plaintiff) Sparke Helmore Lawyers (defendant) File Number(s): 2014/39875 Publication restriction: None

Judgment

1. Background 1The plaintiff, Colleen Sweetman, by way of summons sought leave to commence proceedings pursuant to s 109 of the Motor Accidents Compensation Act 1999. The hearing of the summons commenced on 28 February 2014 in Gosford and concluded on 22 May 2014 in Sydney. On 23 May 2014 I granted leave to the plaintiff to proceed. I also granted leave to the parties to file and serve written submissions on costs.

2. Costs 2Both parties provided written submissions. The plaintiff submits that the defendant should pay the plaintiff's costs of the summons on the ordinary basis. The defendant submits that there should be no order as to costs of the application with the intent that each party should pay her or its own costs.