Diveva Pty Limited v Port Macquarie-Hastings Council [2015] NSWSC 430

Supreme Court New South Wales

Medium Neutral Citation: Diveva Pty Limited v Port Macquarie-Hastings Council [2015] NSWSC 430 Hearing dates: 14 April 2015 Date of orders: 14 April 2015 Decision date: 14 April 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The defendant is to pay the plaintiff's costs of the motions filed 21 August 2014 and 19 January 2015 on an ordinary basis as agreed or assessed.

(2) The matter is stood over for directions before the Registrar at 9.00 am on 29 April 2015. Catchwords: COSTS – UCPR 42.1 - general rule that costs follow the event - s 98 Civil Procedure Act 2005 (NSW) - court's discretion to determine by whom, to whom and to what extent costs are to be paid Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Category: Costs Parties: Diveva Pty Limited t/as Mid Coast Road Services (Plaintiff) Port Macquarie-Hastings Council (Defendant) Representation: Counsel: B Hemsworth (Plaintiff) B DeBuse (Defendant)

Solicitors: Somerville Legal (Plaintiff) Marsdens (Defendant) File Number(s): 2013/377766 Publication restriction: Nil

Judgment 1. HER HONOUR: This is an argument about costs. The plaintiff has filed two notices of motion, one on 21 August 2014 seeking to conduct tests, the other on 19 January 2015, seeking to amend the statement of claim. Both motions have now been resolved. 2. The plaintiff seeks its costs of the motions. The defendant seeks its costs on an indemnity basis. The plaintiff is Diveva Pty Limited t/as Mid Coast Road Services ("Diveva"). The defendant is Port Macquarie-Hastings Council ("Port Macquarie Council").