Sargeant v HE & FE Campbell Agricultural Machinery (No 2) [2016] NSWSC 667

Supreme Court New South Wales

Medium Neutral Citation: Sargeant v HE & FE Campbell Agricultural Machinery (No 2) [2016] NSWSC 667 Hearing dates: On the papers Decision date: 25 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the second and third defendants to pay Mr Sargeant's (the plaintiff in this Court, the defendant in the Local Court) costs of his application to set aside the default judgment in the Local Court.

(2) Order the second and third defendants to pay the plaintiff's costs of the proceedings in this Court, such costs not to include costs associated with the preparation of the plaintiff's affidavit sworn 15 February 2016. Catchwords: COSTS – appeal from decision of Local Court refusing to set aside default judgment – plaintiff awarded costs of application in Local Court – offer was made to set aside Local Court judgment and default judgment by consent – plaintiff sought indemnity costs associated with application in Supreme Court – plaintiff did not foreshadow indemnity costs would be sought – defendant sought to exclude costs for plaintiff's affidavit outside scope of appeal in Supreme Court – costs in favour of plaintiff on ordinary basis excluding costs associated with affidavit Legislation Cited: Local Court Act 2007 (NSW), s 40 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: B & B Enterprise (Aust) Pty Ltd v Sur Holdings Pty Ltd [2016] NSWSC 490 Calderbank v Calderbank [1975] 3 WLR 386 Jones v Bradley (No. 2) [2003] NSWCA 258 Oshlack v Richmond River Council (1998) 193 CLR 72 Yazgi v Permanent Custodians Ltd (No. 2) [2007] NSWCA 306 Yu v Cao [2015] NSWCA 276 Category: Costs Parties: Raymond Paul Sargeant (Plaintiff) HE & FE Campbell Agricultural Machinery Repairs (Defendant) Representation: Counsel: T O'Brien (Plaintiff) P Reynolds (Defendants)