Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd (No 8) [2015] NSWSC 1830

Supreme Court New South Wales

Medium Neutral Citation: Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd (No 8) [2015] NSWSC 1830 Hearing dates: On the papers Date of orders: 01 December 2015 Decision date: 01 December 2015 Jurisdiction: Equity Before: Kunc J Decision: Plaintiff to pay defendant's costs of and in relation to hearing on 28 October 2015 Catchwords: COSTS – Relisting – No issue of principle Cases Cited: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2015] NSWCA 323 Category: Costs Parties: Proceedings 2000/34949 Macquarie International Health Clinic Pty Ltd (Plaintiff) Sydney Local Health District (Defendant)

Proceedings 2010/90340 Sydney Local Health District (Plaintiff) Macquarie Health Corporation Ltd (Defendant)

Proceedings 2015/348137 Macquarie International Health Clinic Pty Limited v City of Sydney Council Representation: Counsel:

R. Dubler SC, S. Kanagaratnam (Plaintiff) G.K. Burton SC (Defendant)

Solicitors: S Moran & Co (Plaintiff 2000/34949, Defendant 2010/90340) Bolzan & Dimitri (Plaintiff 2010/90340, Defendant 2000/34949) File Number(s): 2000/34949 and 2010/90340 and 2015/348137 Publication restriction: No

EX TEMPORE Judgment 1. This judgment deals with an application by the defendant (the "Health District") for "costs of the appearance on 28 October 2015, including preparation therefor and correspondence appertaining thereto, on the indemnity basis and (alternately) on the ordinary basis". The plaintiff ("Macquarie") opposes the application and seeks its costs of this application. For the reasons which follow the Court has decided that Macquarie should pay those costs, and of this application, on the ordinary basis.