Landbridge Transport Pty Limited v Buckley (No 2) [2014] NSWSC 1469

Supreme Court New South Wales

Medium Neutral Citation: Landbridge Transport Pty Limited v Buckley (No 2) [2014] NSWSC 1469 Hearing dates: Written submissions Decision date: 27 October 2014 Before: Bellew J Decision: 1.The defendant is to pay the plaintiff's costs of the proceedings in this Court, as agreed or assessed. 2.The Costs of the Local Court proceedings are to abide the outcome of those proceedings. Catchwords: APPEAL - Costs - Whether successful party should nevertheless pay a portion of unsuccessful party's costs in light of the conduct of the appeal - Costs of the proceedings in the court below Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Landbridge Transport v Buckley [2014] NSWSC 1379 Category: Costs Parties: Landbridge Transport Pty Limited - Plaintiff Garry Buckley - Defendant Representation: Counsel: Solicitors: File Number(s): 2014/75955 Publication restriction: Nil Decision under appeal Date of Decision: 2014-02-13 00:00:00 Before: Magistrate G Bradd

Judgment 1In this matter I allowed an appeal brought by the plaintiff against a decision of Magistrate Bradd in the Local Court and made orders remitting the matter to the Magistrate to be further dealt with conformably with my judgment: Landbridge Transport v Buckley [2014] NSWSC 1379. 2At the time of handing down judgment I gave the parties an opportunity to make submissions to me in relation to the question of costs. 3Both parties have submitted that the costs of the proceedings in the Local Court should abide the outcome of those proceedings. However, the parties are at issue concerning the costs of the proceedings before me.