Younger v Westpac Banking Corporation [2016] NSWSC 321

Supreme Court New South Wales

Medium Neutral Citation: Younger v Westpac Banking Corporation [2016] NSWSC 321 Hearing dates: 29 February 2016 Date of orders: 29 February 2016 Decision date: 07 April 2016 Before: Garling J Decision: (1) Order 2 of the Notice of Motion dated 13 November 2015 is dismissed. (2) Plaintiff to pay the defendants' costs of the Notice of Motion with respect to Order 2. Catchwords: PROCEDURE – civil – notice of motion seeking variation of costs order – whether court should exercise discretion to vary costs order Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Neil Younger (P1) Westpac Banking Corporation (D1) Asgard Wealth Solutions Ltd (D2) Representation: Counsel: D R Pritchard / A Younger (P) D B Studdy SC (D1, D2)

Solicitors: Gillis Delaney Lawyers (P) Allens, Solicitors (D1, D2) File Number(s): 2014/335469 Publication restriction: Not Applicable

Judgment 1. On 13 November 2015 the plaintiff, Mr Neil Younger, filed a Notice of Motion which sought, amongst others, this order: "2. Order 8 made on 19 June 2015 be set aside and in lieu thereof, it be ordered that the first defendant is to pay the costs of the First, Third and Fourth Plaintiffs on an indemnity basis up to 30 April 2015, as agreed or assessed, forthwith." 1. The defendants, which can conveniently be called "Westpac", opposed the order sought. 2. In the circumstances, I made orders on 29 February 2016 dismissing this aspect of the Notice of Motion and indicating that I would give reasons in due course. 3. These are those reasons.