Golden v V’landys (No 2) [2015] NSWSC 1847

Supreme Court New South Wales

Medium Neutral Citation: Golden v V'landys (No 2) [2015] NSWSC 1847 Hearing dates: On the papers Decision date: 04 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Extend the time under order (2) made on 17 November 2015 within which the plaintiff may make an application for a different order than the order that he pay the defendants' costs of the proceedings.

2. Order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: COSTS – defendants wholly successful – application by plaintiff that there be no order as to costs – costs ought follow the event – no basis for different order – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Golden v V'landys [2015] NSWSC 1709 Oschlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Joseph Golden (Plaintiff) Peter V'landys (First Defendant) Racing New South Wales (Second Defendant) Representation: Solicitors: Moray & Agnew Lawyers (First Defendant) DLA Piper (Second Defendant) File Number(s): 2013/140063

Judgment

Introduction 1. On 17 November 2015 I made orders and published reasons for my decision: Golden v V'landys [2015] NSWSC 1709. I made the following costs order: "[2] Unless any party makes an application for a different order in writing to my Associate within seven days, order the plaintiff to pay the defendants' costs of the proceedings." 1. By letter to my Associate dated 26 November 2015, Joseph Golden (the plaintiff) applied for an order that the order that he pay the defendants' costs "be reversed". I understood him to seek an order that there be no order as to costs. The application was made two days outside the seven day period allowed by the order and was supported by brief written submissions. 2. Although the defendants submitted that I ought not entertain the plaintiff's application because it was made outside the time provided for in my order, they nonetheless made submissions as to why costs ought follow the event.