Zraika v Walsh (No 2) [2015] NSWSC 941

Supreme Court New South Wales

Medium Neutral Citation: Zraika v Walsh (No 2) [2015] NSWSC 941 Hearing dates: In chambers on the papers Date of orders: 17 July 2015 Decision date: 17 July 2015 Jurisdiction: Common Law Before: Campbell J Decision: The plaintiff's costs of and incidental to the proceedings, after they have been agreed or assessed, are to be paid by the following parties and in the following proportions: By the first and second defendants together as to 50 per cent; By the third defendant as to 25 per cent; and By the fourth defendant as to 25 per cent. The third and fourth defendants to pay the first and second defendant's costs of and incidental to the determination of the separate questions on the ordinary basis in equal shares. The third defendant to pay the fifth defendant's costs of the determination of the separate questions limited to the costs of and incidental to preparing brief on hearing, counsel's fees, and the expense of witnesses called by the fifth defendant in his case. The costs of and incidental to this application are the parties' costs in the principal proceedings. Catchwords: COSTS – determination of separate question of liability – multiple parties – apportionment of costs amongst defendants Legislation Cited: Civil Liability Act 2002 (NSW); Civil Procedure Act 2005 (NSW); Law Reform (Miscellaneous Provisions) Act 1946 (NSW); Motor Accidents Compensation Act 1999(NSW) Cases Cited: Ajkay v Hickey & Co. Pty Ltd [2011] NSWSC 822; Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304; Floruit Holdings Pty Ltd v Sebastian – Builders and Developers Pty Ltd [2009] NSWCA 41; Gallagher Bassett Services NSW Pty Ltd v Murdoch [2013] NSWCA 386; 86 NSWLR 13; HIH Casualty and General Insurance Limited v Pluim Constructions Pty Ltd [2000] NSWCA 281; 11 ANZ Insurance Cases 61 – 477; James Hardie and Co Pty Ltd v Wyong Shire Council [2000] NSWCA 107; 48 NSWLR 679; Solarus Projects v Vero Insurance (No 9) 2015 NSWSC 503; Zraika v Walsh [2011] NSWSC 1569; Zraika v Walsh [2015] NSWSC 485 Category: Costs Parties: Sharif Zraika (by his next friend Halima Zraika (Plaintiff) Rebecca Jane Walsh (First Defendant); John Bernard Walsh; (Second Defendant) Roads & Maritime Services (Third Defendant); Bankstown City Council (Fourth Defendant); Ali Zraika (Fifth Defendant) Representation: Counsel Mr K P Rewell SC (First and Second Defendants) Mr M Fordham SC (Third Defendant) Mr R Sheldon SC with Mr P M Knowles (Fourth Defendant)