Panos v FSS Trustee Corporation (No 2) [2015] NSWSC 1928

Supreme Court New South Wales

Medium Neutral Citation: Panos v FSS Trustee Corporation (No 2) [2015] NSWSC 1928 Hearing dates: Decided on the papers Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction: Equity Before: Robb J Decision: (1) Order the second defendant to pay the plaintiff's costs thrown away by reason of the vacation of the hearing on 11 March 2014, such costs to include the preparation for the hearing and the hearing, and be payable on the ordinary basis. (2) Subject to order (1), there will be no order for costs of the proceedings up to 11 March 2014, with the intent that the plaintiff and the second defendant will pay their own costs of the proceedings for that period. (3) Subject to order (1), the plaintiff is ordered to pay 30% of the second defendant's costs of the proceedings after 11 March 2014 on the ordinary basis. (4) There will be no order for costs against or in favour of the first defendant, with the intent that all parties will pay their own costs of the proceedings in so far as they concerned the claim against the first defendant. (5) Grant liberty to the parties to apply in respect of any question that arises out of the implementation of these orders. Catchwords: PROCEDURE – costs – successful defendant ordered to pay costs of vacated hearing caused by late change of position – no order as to costs of proceedings before vacation of hearing – successful defendant unsuccessful on separable issue – plaintiff and defendant should bear costs of issues for which they were unsuccessful – single order for costs made for proceedings after vacation of hearing Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Panos v FSS Trustee Corporation [2015] NSWSC 1217 Sayseng v Kellogg Superannuation Pty Ltd [2007] NSWSC 857; (2007) 213 FLR 174 Category: Costs Parties: Peter Panos (plaintiff) FSS Trustee Corporation (first defendant) Metlife Insurance (second defendant) Representation: Counsel: M J Bleasel (plaintiff) S J Walsh (second defendant)