Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers Pty Ltd (No 2) [2015] NSWSC 364

Supreme Court New South Wales

Medium Neutral Citation: Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers Pty Ltd (No 2) [2015] NSWSC 364 Hearing dates: 25 March 2015 Date of orders: 25 March 2015 Decision date: 25 March 2015 Jurisdiction: Common Law Before: McCallum J Decision: In the Wong proceedings, judgment including interest entered for the plaintiff in the sum of $2,915.41; the defendant to pay the plaintiff's costs in the sum of $750. In the Ayres proceedings, judgment including interest entered for the plaintiff in the sum of $2,449.20; the defendant to pay the plaintiff's costs in the sum of $600. Catchwords: COSTS – general rule that costs follow event; exceptions to the – where claim could have been commenced in Small Claims Division of Local Court – where case was determined in favour of plaintiffs – where defendant's cross claim rejected Legislation Cited: Civil Procedure Act 2005 (NSW), s 93 Fair Trading Act 1987 (NSW) Local Court Act 2007 (NSW), s 39 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34 Cases Cited: Redwood Anti-Aging Pty Limited v Knowles (No 2) [2013] NSWSC 742 Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers Pty Ltd [2014] NSWSC 1548 Wong v Maroubra Automotive Refinishers Pty Ltd; Ayres v Maroubra Automotive Refinishers (No 2) [2015] NSWSC 222 Category: Costs Parties: Wong Proceedings: Sharon Wong (Plaintiff/First Cross-Defendant) Maroubra Automotive Refinishers Pty Ltd (Defendant/Cross-Claimant) Insurance Australia Ltd t/as NRMA Insurance (Second Cross-Defendant)