Supreme Court New South Wales Medium Neutral Citation: Botany Auto Panel Beating Pty Ltd v Glenn Alderman (No 2) [2014] NSWSC 1650 Hearing dates: 19 November 2014 Decision date: 19 November 2014 Jurisdiction: Common Law Before: Schmidt J Decision: The plaintiff to pay Mr Alderman's costs, as agreed or assessed. Catchwords: PROCEDURE - costs - orders made Cases Cited: Botany Auto Panel Beating Pty Ltd v Glenn Alderman [2014] NSWSC 1376 Category: Costs Parties: Botany Auto Panel Beating Ltd (Plaintiff) Glenn Alderman (Defendant) Representation: Counsel: Mr J Cohen (Defendant) Solicitors: Mr R Whalebone, self-represented (Plaintiff) File Number(s): 2014/69803 Publication restriction: None ex tempore Judgment 1HER HONOUR: On 9 October I gave judgment ordering that the plaintiff's summons be dismissed (see Botany Auto Panel Beating Pty Ltd v Glenn Alderman [2014] NSWSC 1376). There I said at [26] that: "The usual order as to costs is that costs follow the event. In this case, that would be an order that the plaintiff pay Mr Alderman's cost as agreed or assessed. Unless the parties approach within 7 days to be heard, that will be the court's order as to costs." 2On 16 October, the plaintiff filed a motion seeking orders in these terms: "1. Application to appeal the order for costs matter, written judgment handed down by Judge Schmidt. 2. Decision 9.10.2014 and all costs reserved." 3That motion was supported by an affidavit sworn by Mr Whalebone on 16 October 2014. That affidavit simply indicated that Mr Whalebone was a director of the plaintiff. It shed no light on what order in fact was being pursued by the motion, or its basis. 4Today Mr Whalebone has appeared to explain that he opposed an order as to costs being made, because he wished to appeal the decision given on 9 October. 5I have explained to him that in the usual case, the Court would deal with all matters lying between the parties in the proceedings, including the question of costs, so that if there was an appeal, the Court of Appeal would be seized with all of the matters arising in the proceedings, so that they could be dealt with on appeal at the same time. 6Mr Whalebone explained that he was concerned about the assessment of the costs and I explained to him that the usual order permitted a process where the parties would discuss the costs and if there was no agreement, an assessment process could then be pursued. 7In all of those circumstances, I am satisfied that it is now appropriate to formally make an order as to costs in the terms envisaged in the judgment given on 9 October. There is no reason for any departure of that course, in the present circumstances. 8For those reasons, I order that the plaintiff pay Mr Alderman's costs as agreed or assessed. The matter concludes on that basis. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 21 November 2014