Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors [2014] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors [2014] NSWSC 1171 Hearing dates: 10, 11 and 15 April 2014 Decision date: 25 August 2014 Jurisdiction: Equity Division Before: Black J Decision: No orders made as to costs of notice of motion. Order made for cross-claimants to pay any costs thrown away by reason of amendments to cross-claim. Catchwords: PROCEDURE - costs - general rule costs follow the event - where there has been a mixed outcome in proceedings - whether reason shown to depart from general rule. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 98, 101(4) - Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: - Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 - Milne v Attorney-General (Tasmania) [1956] HCA 48; (1956) 95 CLR 460 - Oschlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Ruddock v Vardalis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Category: Costs Parties: Dominic Iacullo (Second Defendant/First Cross-Claimant) Lillian Iacullo (Third Defendant/Second Cross-Claimant) Luigi Iacullo (Plaintiff/First Cross-Defendant) Badminton Investments Pty Ltd (Second Cross-Defendant) IMS Developments Pty Ltd (Third Cross-Defendant) Homeline Construction Pty Ltd (Fourth Cross-Defendant) Michael Murr (Fifth Cross-Defendant) Pacificon Pty Ltd (Sixth Cross-Defendant) MMAI Pty Ltd (Seventh Cross-Defendant) Glad Con Pty Ltd (Eighth Cross-Defendant) Representation: D A Smallbone (Defendants/First and Second Cross-Claimants) L Iacullo (in person) (Plaintiff/First and Second Cross-Defendants) F G Lever SC (Third, Fourth, Fifth, Sixth, Seventh and Eighth Cross-Defendants) Allsop Glover (Defendants/Cross-Claimants) L Iacullo (in person) (Plaintiffs/First and Second Cross-Defendants) Carroll & O'Dea (Third, Fourth, Fifth, Sixth, Seventh and Eighth Cross-Defendants) File Number(s): 07/257623