NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Toben v Nationwide News Pty Ltd; Toben v Mathieson (No 4) [2016] NSWSC 224 Hearing dates: Application determined on the papers Date of orders: 14 March 2016 Decision date: 14 March 2016 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff to pay Ms Milne's costs as agreed or assessed on the ordinary basis. Catchwords: COSTS – indemnity costs – where proceedings stayed for abuse of process Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.5 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Toben v Nationwide News; Toben v Mathieson [2015] NSWSC 1784 Toben v Matheison; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530 Toben v Milne [2014] NSWCA 200 Category: Costs Parties: 2013/200157 Fredrick Toben (plaintiff) Nationwide News Pty Ltd (defendant)
2013/200128 Fredrick Toben (plaintiff) Clive Matheson (first defendant) Christian Kerr (second defendant) Senator Christine Milne (third defendant) Representation: Counsel: R Rasmussen (plaintiff) P Afshar (defendant in 2013/200157; first and second defendants in 2013/200128)
Solicitors: Carters Law Firm (plaintiff – notice of ceasing to act filed after decision reserved) Ashurst (defendant in 2013/200157; first and second defendants in 2013/200128) Baker & McKenzie (third defendant in 2013/200128) File Number(s): 2013/2001282013/200157 Publication restriction: None
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