NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Masterton Homes v Grabic & Anor [2016] NSWSC 924 Hearing dates: 25 May 2016 Decision date: 25 May 2016 Jurisdiction: Equity Before: White J Decision: 1. Application dismissed.
2. Order that the plaintiff pay the respondents' costs of the notice of motion of 26 February 2016 in the agreed sum of $6,500 inclusive of GST. Catchwords: PRACTICE AND PROCEDURE — Costs — Civil Procedure Act s 99 — Application for costs against solicitor — Whether conduct of solicitor was serious neglect, serious incompetence or serious misconduct — Allegation of serious misconduct not made out Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Defamation Act 2005 (NSW) Cases Cited: The Owners Strata Plan 56963 v Australand [2011] NSWSC 710 Ridehalgh v Horsefield [1994] Ch 205 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Clarkson v Mandarin Club Ltd (1998) 90 FCR 354 Palmer Bruyn & Parker Pty Ltd v Parsons [2001] HCA 69; (2001) 208 CLR 388 Provident Capital Limited v Anderson (No 3) [2013] NSWSC 705 Category: Costs Parties: Masterton Homes Pty Ltd (Plaintiff) Zoran Grabic (1st Defendant) Louise Grabic (2nd Defendant) Representation: Counsel: A Hourigan (Plaintiff) K Josifoski (Defendants)
Solicitors: Masterton Homes (Plaintiff) Keystone Lawyers (Defendants) File Number(s): 2015/370147
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