Meimaropoulos v Cheum (No. 2) [2014] NSWDC 76

District Court New South Wales

Medium Neutral Citation: Meimaropoulos v Cheum (No. 2) [2014] NSWDC 76 Hearing dates: 27 June 2014 Decision date: 27 June 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Mr S Brennan (barrister - as amicus) is excused from further attendance. (2) The Plaintiff pay the Defendants' costs of Notice of Motion heard 3 August 2012 to vacate hearing dates of 27 and 28 August 2012, and costs thrown away by reason of vacation of hearing dates of 27 and 28 August 2012. (3) The Plaintiff pay the Defendants' costs of 20 November 2012, 8 February 2013 and costs of Plaintiff's Notice of Motion dismissed 17 April 2013.The Plaintiff pay 25% of the Defendants' costs of the hearing. (4) The Plaintiff pay the Defendants' costs of Notice of Motion filed 23 April 2014 and heard 27 June 2014. (5) The costs payable by the Plaintiff to Defendant be set off against the judgment sum payable by Defendants to the Plaintiff. Catchwords: TORT - Costs - application by unsuccessful defendants for costs of interlocutory proceedings and hearing - costs of earlier hearing vacated at the request of the plaintiff - costs of a dismissed motion brought by the plaintiff - whether an order for costs following the event should be refused pursuant to UCPR r 42.35 - whether plaintiff should pay a proportion of the defendants' costs pursuant to s 98 Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 60 and 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.35 Cases Cited: Anglo-Cyprian Trade Agencies v Paphos Wine Industries [1951] 1 All E R 873 Arian v Nguyen [2001] NSWCA 5 Baychek v Baychek [2010] NSWSC 987 Craigcare Group Pty Ltd v Superkite Pty Ltd [2014] NSWSC 326 Ji v Firth [2013] NSWSC 148 Maestrale v Aspite [2014] NSWCA 182 Shield Mercantile Pty Ltd v Citigroup Pty Ltd [2013] NSWSC 287 Texts Cited: - Category: Costs Parties: Plaintiff: Antonia Meimaropoulos First Defendant: Sorn Cheum Second Defendant: Muy Lim Hay Third Defendant: Heang Lay Representation: Plaintiff: Mr S Brennan (amicus curiae) Defendants: Mr A M Gruzman Plaintiff: Brydens Compensation Lawyers Defendants: Di Lizio & Associates File Number(s): 2011/36909 Publication restriction: None