Roads & Traffic Authority of New South Wales v Barrie Toepfer Earthmoving & Land Management Pty Ltd (No 9) [2015] NSWSC 828

Supreme Court New South Wales

Medium Neutral Citation: Roads & Traffic Authority of New South Wales v Barrie Toepfer Earthmoving & Land Management Pty Ltd (No 9) [2015] NSWSC 828 Hearing dates: Cross-defendants' submissions – 05.05.15 Plaintiff's submissions – 19.05.15 Cross-defendants' submissions in reply – 05.06.15 Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction: Common Law Before: Price J Decision: 1. The cross-defendants' application made on 3 March 2015 is dismissed. 2. The cross-defendants are to pay the plaintiff's costs of the application. Catchwords: PROCEDURE – whether costs order should be varied – application to vary order filed outside the 14-day limit prescribed by rules – whether r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) confers power to entertain application Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6(4) Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving and Land Management Pty Ltd (No 8) [2015] NSWSC 44 Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving and Land Management Pty Ltd (No 7) [2014] NSWSC 1188 Malouf v Prince (No 2) [2010] NSWCA 51 Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category: Procedural and other rulings Parties: Roads and Traffic Authority of New South Wales (Plaintiff) Barrie Toepfer Earthmoving and Land Management Pty Ltd (First-defendant – cross-claimant) State of New South Wales (Cross-defendant) CGU Insurance Limited, Vero Insurance Limited, and NTI Limited (Cross-defendants – second cross-claim) Representation: Solicitors: Mr Saxton – Robertson Saxton Primrose Dunn (Plaintiff) Mr Hedges – Walker Hedges & Co (Cross-defendants) File Number(s): 2009/293003