Holshandon Pty Limited v Eakin; Barlow-Smith v Eakin [2014] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: Holshandon Pty Limited v Eakin; Barlow-Smith v Eakin [2014] NSWSC 1123 Hearing dates: 18 August 2014 Decision date: 18 August 2014 Before: Adamson J Decision: Proceedings 09/297481 1.Costs of the motion be costs of the cause up to, but not including, the date of the hearing being 28 July 2014. 2.Second, third and fourth plaintiffs pay the defendants' costs of 28 July 2014, being the hearing of the notice of motion. 3.No order as to the costs of today. 4.Stand the matter over to 9.15 am on 27 August 2014 for directions before me. Proceedings 09/297482 1.Costs of the motion be costs of the cause up to, but not including, the date of the hearing being 28 July 2014. 2.The plaintiff pay the defendants' costs of 28 July 2014, being the hearing of the notice of motion. 3.No order as to the costs of today. 4.Stand the matter over to 9.15 am on 27 August 2014 for directions before me. Catchwords: COSTS - whether defendants were seeking an indulgence when seeking orders that the plaintiffs be medically examined and orders dispensing with the requirement in rule 23.5 of the Uniform Civil Procedure Rules 2005 (NSW) that a medical expert of the plaintiffs' choice be present for such examinations -not an indulgence for the defendants to seek such orders - plaintiffs ought bear costs of the hearing of the motion because they were unsuccessful Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules NSW (2005), r 23.5 Cases Cited: Re Nardell Coal Corporation (in Liq) v Hunter Valley Coal Processing [2003] NSWSC 642 Category: Costs Parties: Proceedings 297481 of 2009