Boyle v Coppock & Anor; Ek v Coppock & Anor [2014] NSWDC 244

District Court New South Wales

Medium Neutral Citation: Boyle v Coppock & Anor; Ek v Coppock & Anor [2014] NSWDC 244 Hearing dates: On the papers Decision date: 18 December 2014 Before: Levy SC DCJ Decision: 1.The defendants are to pay the costs of the plaintiffs of the defendants' motion filed on 19 September 2014 and which was dismissed on 3 October 2014; 2.Pursuant to s 341 of the Legal Profession Act 2004 those costs are to be assessed on an indemnity basis, and the assessment of those costs may proceed forthwith; 3.Liberty to apply on 7 days notice if further or other orders are required. Catchwords: COSTS - resolution of dispute concerning appropriate order for costs following dismissal of defendants' motion seeking to strike out the claims by the plaintiffs - whether defendants' motion constituted action that was in the circumstances not reasonably necessary for the advancement of the defendants' interests in the litigation or was reasonably likely to unnecessarily delay or complicate the determination of the claim Legislation Cited: Civil Procedure Act 2005, s 56 Legal Profession Act 2004, s 341 Cases Cited: Botany Bay Council v Latham (No 2) [2013] NSWCA 450 Leichhardt Municipal Council v Green [2004] NSWCA 341 Port Stephens Council v Theodorakis (No 2) [2006] NSWCA 143 Taheri v Vitek (No 2) [2014] NSWCA 344 Category: Interlocutory applications Parties: Georgia Grace Boyle (Plaintiff) Saskia Ellen Ek (Plaintiff) Andrew Coppock (First defendant) Grasso Consulting Engineers Pty Ltd (Second defendant) Representation: Mr P Beale (Plaintiffs) Mr S Keizer (Defendants) CMC Lawyers (Plaintiffs) Jonathan Newby (Defendants) File Number(s): 2013/167382 2013/167393 Publication restriction: None