Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; ; Jay Stephenson v Parkes Shire Council; ; South West Helicopters Pty Limited and anor. v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 4) [2016] NSWSC 507

Supreme Court New South Wales

Medium Neutral Citation: Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; ; Jay Stephenson v Parkes Shire Council; ; South West Helicopters Pty Limited and anor. v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 4) [2016] NSWSC 507 Hearing dates: Written submissions Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Common Law Before: Bellew J Decision: The parties are to bring in Short Minutes reflecting the conclusions reached in this judgment by 5:00pm on Thursday 23 June 2016. Catchwords: PRACTICE AND PROCEDURE – Form of final orders where parties could not agree – Costs – Apportionment of costs – Where damages recovered in part of the proceedings were substantially less than those claimed – Where considerable time and costs were expended in litigating those issues – Whether order for costs should be made against the successful party notwithstanding that damages were recovered Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Compensation to Relatives Act 1897 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Alltrans Express Pty Limited v CVA Holding Pty Limited [1984] 1 WLR 394 Cachia v Hanes (1994) 179 CLR 403 Gundry v Sainsbury [1910] 1 KB 645 James Hardie & Co Pty Limited v Wyong Shire Council [2000] NSWCA 107; (2000) 48 NSWLR 679 Perigo v Workers Compensation Nominal Insurer (No 3) [2013] NSWSC 6 Shan v Zhang (No 2) [2007] NSWSC 1355 Stephenson v Parkes Shire Council and ors. [2014] NSWSC 1758 Stephenson v Parkes Shire Council and ors. (No 2) [2015] NSWSC 719 Stephenson v Parkes Shire Council and ors. (No 3) [2015] NSWSC 1166 Tsu v Nemeth [2012] NSWCA 29 Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 Category: Costs Parties: Country Connection Airlines Pty Limited South West Helicopters Pty Limited Essential Energy (formerly Country Energy) Parkes Shire Council Ingrid Stephenson Jay Stephenson Natalee Stephenson Representation: Counsel: R Williams QC and A Spencer – South West Helicopters Pty Limited and Country Connection Pty Limited