Russo & Ors v Russo & Ors (No. 2) [2015] NSWSC 449

Supreme Court New South Wales

Medium Neutral Citation: Russo & Ors v Russo & Ors (No. 2) [2015] NSWSC 449 Hearing dates: 17 February 2015 and 25 March 2015 Date of orders: 20 April 2015 Decision date: 20 April 2015 Jurisdiction: Common Law Before: Slattery J Decision: See paragraph [111]. Catchwords: COSTS – whether costs should be reserved until account in common form completed – whether plaintiffs should pay costs thrown away by vacation of hearing date – whether Bullock or Sanderson order should be made against unsuccessful defendants in relation to successful defendant – whether relief should be granted against second defendant – whether costs should be awarded against second defendant – whether costs should be awarded against unsuccessful third plaintiff CIVIL PROCEDURE – determination of further factual issues reserved in principal judgment – whether plaintiffs entitled to declaratory relief.

APPREHENDED BIAS – where final findings of credit made against witnesses in determining that joint venture existed – whether apprehended bias due to pre-judgment should prevent same judicial officer from hearing the taking of joint venturers' accounts. Legislation Cited: Civil Procedure Act 2005, s 56 Uniform Civil Procedure Rules 2005, rr 6.21, 20.15, 42.19 Cases Cited: COSTS – whether costs should be reserved until account in common form completed – whether plaintiffs should pay costs thrown away by vacation of hearing date – whether Bullock or Sanderson order should be made against unsuccessful defendants in relation to successful defendant – whether relief should be granted against second defendant – whether costs should be awarded against second defendant – whether costs should be awarded against unsuccessful third plaintiff CIVIL PROCEDURE – determination of further factual issues reserved in principal judgment – whether plaintiffs entitled to declaratory relief.