Casey by her manager the National Australia Trustees Limited v Pel-Air Aviation Pty Ltd (No 2) [2016] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: Casey by her manager the National Australia Trustees Limited v Pel-Air Aviation Pty Ltd (No 2) [2016] NSWSC 446 Hearing dates: Written submissions Date of orders: 19 April 2016 Decision date: 19 April 2016 Jurisdiction: Common Law Before: Schmidt J Decision: Ms Casey to pay Pel-Air's costs of the quantification of the damages for funds management, as agreed or assessed.

All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: PROCEDURE – costs – departure from the usual costs order sought – costs on the funds management assessment – no proper basis for any departure from the usual costs order established

PROCEDURE – stay – variation sought to consent orders made – no explanation for proposal – order sought declined Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566 Casey by her manager the National Australia Trustee Limited v Pel-Air Aviation Pty Ltd [2016] NSWSC 212 Category: Costs Parties: Casey by her manager the National Australia Trustees Limited (Plaintiff) Pel-Air Aviation Pty Ltd (Defendant) Representation: Counsel: Mr ER Graham (Plaintiffs) Mr D Lloyd (Defendant)