Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229

Supreme Court New South Wales

Medium Neutral Citation: Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 1229 Hearing dates: 21 August 2015 Decision date: 21 August 2015 Jurisdiction: Equity Before: Stevenson J Decision: Plaintiffs' claim dismissed; judgment for defendant/cross-claimant against plaintiffs/cross-defendants for $315,000 plus interest; proceedings earlier transferred to the Court from the CTTT to be remitted to NCAT; plaintiffs/cross-defendants to pay 95 per cent of the defendant/cross-claimant's costs (other than the costs of preparation of affidavits of witnesses not called, not being affidavits prepared solely for interlocutory applications) such costs to be paid on an indemnity basis from 2 August 2013 Catchwords: PROCEDURE – final orders to give effect to earlier judgment - whether the proceedings earlier transferred to the Court from the CTTT should be remitted to NCAT; COSTS – defendant successful overall but not on all claims – whether the Court should make a proportional costs order – whether Court should make an order for indemnity costs where plaintiffs had no basis to bring the proceedings and were unreasonable not to accept Calderbank offer Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aboriginal Housing Company Ltd v Kaye-Engel (No 3) [2014] NSWSC 718 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Category: Costs Parties: Wayne Lawrence (First Plaintiff/First Cross-Defendant) Valerie Lawrence (Second Plaintiff/Second Cross-Defendant) Frances Gunner (Defendant/Cross-Claimant) Representation: Counsel: P E King (Plaintiffs/Cross-Defendants) A Hourigan (Defendant/Cross-Claimant)