Kay v Sydney Airport Corporation Limited (No 2) [2014] NSWSC 1023

Supreme Court New South Wales

Medium Neutral Citation: Kay v Sydney Airport Corporation Limited (No 2) [2014] NSWSC 1023 Hearing dates: 24 July 2014 Decision date: 29 July 2014 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 297470 of 2009 (1) The third defendant is to pay the second defendant's costs of the proceedings. (2) As between the plaintiff and the third defendant, make no order as to costs. In proceedings 146777 of 2012 (1) The second defendant is to pay the plaintiff's and the first defendant's costs of the proceedings. All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: COSTS - plaintiff's victory pyrrhic - plaintiff failed in her aim to obtain an award of damages greater than the amount of workers compensation payments made to her before she commenced proceedings - plaintiff not entitled to costs of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98, 100 Uniform Civil Procedure Rules 2005 (NSW), r 42.1, r 42.34 Workers Compensation Act 1987 (NSW), ss 151A, 151Z Cases Cited: Almeida v Universal Dye Works Pty Limited (No. 2) [2001] NSWCA 156 Anglo-Cyprian Trade Agencies Limited v Paphos Wine Industries Limited [1951] 1 All ER 873 Connolly v 'Sunday Times' Publishing Co. Limited [1908] HCA 69; (1908) 7 CLR 263 Gates v City Mutual Life Assurance Society Limited [1986] HCA 3; (1986) 160 CLR 1 Gould v Vaggelas [1984] HCA 68; (1984) 157 CLR 215 Kay v Sydney Airport Corporation Limited [2014] NSWSC 744 Motium Pty Limited v Arrow Electronics Australia Pty Limited [2011] WASCA 65 Rockcote Enterprises Pty Limited v FS Architects Pty Limited; Carelli v FS Architects Pty Limited [2008] NSWCA 39 Category: Costs Parties: 2009/297470 Anna Kay (Plaintiff) Sydney Airport Corporation Limited (First Defendant) UGL Infrastructure Pty Limited (Second Defendant) Alltrack GSE Pty Ltd (Third Defendant)