Saad v Chubb Security Pty Ltd (No 2) [2014] NSWSC 1833

Supreme Court New South Wales

Medium Neutral Citation: Saad v Chubb Security Pty Ltd (No 2) [2014] NSWSC 1833 Hearing dates: 8 May 2013 Decision date: 19 December 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) The plaintiff to pay the second defendant's costs of the Notice of Motion filed 13 April 2011. (2) The plaintiff pay 50% of the first defendant's costs of the Notice of Motion filed 14 April 2011. (3) The plaintiff is to pay the first defendant's costs incurred in respect of the plaintiff re-pleading the cause of action in negligence against the first defendant. (4) The plaintiff pay the first defendant's costs of the Notice of Motion filed 9 May 2011. (5) The first defendant pay one-quarter of the plaintiff's costs of the Notice of Motion filed on 14 July 2011. (6) In respect of the second defendant's costs of the proceedings up to 4 October 2012, costs be costs in the cause. (7) I grant liberty to apply in respect of any ancillary matters arising in respect of the above orders. Catchwords: COSTS - applications made for costs in respect of Notices of Motion in circumstances where the parties were not wholly successful or unsuccessful in respect of the Notices of Motion - application of UCPR 42.7(2) in interlocutory applications Legislation Cited: Safety Rehabilitation Compensation Act 1988 (Cth) Cases Cited: Crown in the Right of State of New South Wales v Gevaux [2011] NSWSC 758 Saad v Chubb Security [2012] NSWSC 1183 Waterways Authority of NSW v Coal and Allied Operations Pty Ltd [2006] NSWSC 183 Category: Costs Parties: Victoria Saad (Plaintiff) Chubb Security Australia Pty Ltd trading as Chubb Security (First Defendant) Commonwealth Bank of Australia (Second Defendant) Representation: Counsel: T Tobin QC and S Moffet (Plaintiff) ATS Dawson (First Defendant) G Parker (Second Defendant) Solicitors: Cohen & Krass (Plaintiff) HWL Ebsworth (First Defendant) TurksLegal (Second Defendant) File Number(s): 2010/274418