Turner v Wheeler (No 2) [2016] NSWSC 431

Supreme Court New South Wales

Medium Neutral Citation: Turner v Wheeler (No 2) [2016] NSWSC 431 Hearing dates: 24 March 2016; 31 March 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) Revoke order 6 pronounced on 31 March 2016. (2)Defendant to pay the Plaintiff's costs within 28 days of them being ascertained by agreement or further order. (3) Reserve liberty to the plaintiff to apply for a lump sum cots order in default of agreement being reached within 56 days. Catchwords: CRIMINAL LAW – practice and procedure – appeal costs Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Procedure Act 2004 (NSW) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Regulation 2015 Supreme Court Act 1970 (NSW) Cases Cited: Bimson, Roads & Maritime Services v Damorange Pty Ltd (No 2) [2014] NSWSC 827 Cunningham v Cunningham (No 2) [2012] NSWSC 954 Maritime Authority of NSW v Nikolai Rofe [2012] NSWSC 5; 84 NSWLR 51 Regina v JS (No 2)[2007] NSWCCA 309; 179 A Crim R 10 Turner v Wheeler [2016] NSWSC 345 Ward v Zimmer (No 2) [2015] NSWSC 1097 Category: Costs Parties: Susan Margaret Turner (Plaintiff) Gerard Wheeler (Defendant); Representation: Counsel: S Kluss (Plaintiff) C McGorey (Defendant)