NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Polo Enterprises Australia Pty Ltd ABN 30117622 v Pinctada Hotels and Resorts Pty Ltd (Costs) [2016] NSWSC 717 Hearing dates: 19 May 2016 Date of orders: 02 June 2016 Decision date: 02 June 2016 Jurisdiction: Equity Before: Rein J Decision: see [22] Catchwords: PROCEDURE- Costs- unsuccessful plaintiff seeks an order that successful defendant pay plaintiff's costs by reason of the 1st defendant succeeding on a point not previously pleaded- Held- the 1st defendant should have pleaded the defence but its failure to do so ought not to deprive it of its entitlement to costs, or either of the other defendants to theirs. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nowlan v Marson Transport [2001] NSWCA 346; (2001) 53 NSWLR 116 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff [2008] NSWCA White v Overland [2001] FCA 1333; (2001) 67 ALD 731 Conridge v Schaapveld [2015] NSWSC 663 Texts Cited: N/A Category: Costs Parties: Polo Enterprises Australia Pty Ltd ABN 30117622 (Plaintiff) Pinctada Hotels and Resorts Pty Ltd (First Defendant) Cable Beach Polo Pty Ltd (Second Defendant) Marilynne Pamela Paspaley (Third Defendant) Representation: Counsel: E. Peden (Plaintiff) A. d'Arville (Defendants)
Solicitors: Clear Lawyers (Plaintiff) John De Mestre & Co (Defendants) File Number(s): 2012/306533 Publication restriction: Nil
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