Eastbury v Genea Limited [2015] NSWSC 198

Supreme Court New South Wales

Medium Neutral Citation: Eastbury v Genea Limited [2015] NSWSC 198 Hearing dates: On the papers Date of orders: 12 March 2015 Decision date: 12 March 2015 Jurisdiction: Common Law Before: Hall J Decision: Order that costs be costs in the cause. Catchwords: COSTS – Extension of limitation period application – s 60G Limitations Act 1969 - Whether departure from UCPR Rule 42.1 (General rule that costs follow the event) warranted where applicant successful in obtaining an order extending a limitation period – Whether the applicant on an extension of limitation period application is required to pay costs regardless of outcome – Whether applicant's fault is relevant - Necessary to consider whether the opposition of the respondents to the application was unreasonable - Costs in the cause ordered – PROCEDURE – civil – application to extend limitation period –s 60G Limitation Act 1969 – appropriate costs order Legislation Cited: Limitation Act 1969 Cases Cited: Commonwealth of Australia v Lewis [2007] NSWCA 127 Commonwealth of Australia v Lewis [2007] NSWCA 127 Commonwealth v Smith [2005] NSWCA 478 Dibley v Sydney West Area Health Service [2009] NSWSC 856 Galea v Commonwealth of Australia (No 2) [2008] NSWSC 260 Holt v Wynter [2000] 49 NSWLR 128 Salvation Army (South Australia Property Trust) v Graham Rundle [2008] NSWCA 347 Williams v Commonwealth of Australia [2007] NSWSC 1342 Category: Costs Parties: Leighee Eastbury (First Plaintiff) Philip Eastbury (Second Plaintiff) Genea Limited (formerly known as Sydney IVF Limited) (Defendant) Representation: Counsel: J Anderson (Plaintiffs) DA Lloyd (Defendant)