Carter v Greenwoods & Freehills Pty Ltd [2014] NSWSC 917

Supreme Court New South Wales

Medium Neutral Citation: Carter v Greenwoods & Freehills Pty Ltd [2014] NSWSC 917 Hearing dates: On the papers Decision date: 10 July 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The plaintiff pay the defendant's costs of its notice of motion filed 21 February 2014 up to and including 2 April 2014, and half of its costs of preparing its written submissions filed 16 June 2014. (2) There be no order as to the costs of the balance of the notice of motion filed 21 February 2014. (3) Otherwise the plaintiff pay the defendant's costs of and occasioned by reason of the filing of the Second Further Amended Statement of Claim on or about 6 June 2014. Catchwords: COSTS - motion to strike out pleading - application to amend - motion not proceeded with. Legislation Cited: - Uniform Civil Procedure Rules 2005, r 42.6 - Workers Compensation Act 1987 (NSW) - Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Immigration and Ethnic Affairs (Cth), Re Minister for; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 - One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270; 101 FCR 548 Category: Costs Parties: Shayne Howells Carter (Plaintiff) Greenwoods & Freehills Pty Ltd (Defendant) Representation: Counsel: C. Ronalds AM SC, J. Baxter (Plaintiff) D.F. Villa (Defendant) Solicitors: Kemp Strang (Plaintiff) Kennedys (Australasia) Pty Ltd (Defendant) File Number(s): 2013/197519