NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners of Strata Plan 76888 v Walker Group Constructions Pty Ltd (No 2) [2016] NSWSC 943 Hearing dates: On the papers. Written submissions dated 16 May 2016 and 19 May 2016. Decision date: 07 July 2016 Jurisdiction: Equity Before: Meagher JA Decision: 1. Judgment for the plaintiff against the first and second defendants in the sum of $330,744.55. 2. The plaintiff pay the first and second defendants' costs of its motion filed 24 September 2015 and their motion filed 25 September 2015. 3. The first and second defendants otherwise pay the plaintiff's costs of the proceedings including those incurred in the Consumer, Trading and Tenancy Tribunal. Catchwords: COSTS – where proceedings commenced in CTTT and transferred to this Court and plaintiff obtains judgment for less than $500,000 – whether commencement and continuation of proceedings in this Court was warranted (UCPR r 42.34) – whether costs should follow the event of the plaintiff's success (UCPR r 42.1) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.34 Category: Costs Parties: The Owners of Strata Plan 76888 (Plaintiff) Walker Group Constructions Pty Ltd (First Defendant) Walker Corporation Pty Ltd (Second Defendant) Representation: Counsel: D Weinberger (Plaintiff) MG Rudge SC with FP Hicks (Defendants)
Solicitors: Bannermans Lawyers (Plaintiff) Squire Patton Boggs (Defendants) File Number(s): 2013/302145
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