Steve Calcagno v Norma Maree Dent (No. 2) [2016] NSWDC 20

District Court New South Wales

Medium Neutral Citation: Steve Calcagno v Norma Maree Dent (No. 2) [2016] NSWDC 20 Hearing dates: In chambers on the papers Decision date: 04 March 2016 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Defendant's application for special costs order dismissed Catchwords: Costs; whether the plaintiff, who was successful in principal proceedings, lost on a discrete issue warranting a special order for costs Cases Cited: Beoco Ltd v Alpha Laval Co Ltd (1993) EWCA Civ 22 James v Surf Road Nominees Ltd (No. 2) [2005] NSWCA 296 Category: Procedural and other rulings Parties: Steve Calcagno (Plaintiff) Norma Maree Dent (Defendant) Representation: Counsel: D Wheelahan QC with M Gilbert (Plaintiff) P Deakin QC with A Parker (Defendant)

Solicitors: Gerard Malouf & Partners Sparke Helmore Lawyers File Number(s): 13/43273 Publication restriction: Nil

Judgment FOR DEFENDANT'S APPLICATION FOR SPECIAL COSTS ORDER 1. On 18 December 2015, I delivered judgment in the principal matter. I ordered that the defendant pay the plaintiff's costs of the proceedings and granted liberty to the parties to apply for any special costs order. 2. On 23 December 2015, I was advised by letter from the defendant's solicitors that they were instructed to apply for a special costs order, and on 18 January 2016, I directed that the application be dealt with by way of written submissions. A timetable was set and submissions received from both the defendant and the plaintiff.