Wallace v GWH Build Pty Ltd; GWH Build Pty Ltd & Anor v Wallace & Ors [No 2] [2016] NSWDC 128

District Court New South Wales

Medium Neutral Citation: Wallace v GWH Build Pty Ltd; GWH Build Pty Ltd & Anor v Wallace & Ors [No 2] [2016] NSWDC 128 Hearing dates: 13 May 2016 Date of orders: 08 July 2016 Decision date: 08 July 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [46] for orders Catchwords: COSTS – whether the plaintiffs' costs in opposing an unsuccessful motion seeking that the plaintiffs' solicitors be referred for prosecution for an alleged civil contempt should be paid on an indemnity basis, and whether the solicitor for the opponents should pay those costs personally Legislation Cited: Civil Procedure Act 2005, s 56(3), s 99 District Court Act 1973, s 127(1), s 203 Cases Cited: Botega Pty Ltd v Wales (1977) 1 NSWLR 139 Johnston v Nationwide News Pty Ltd [2005] NSWCA 17 Liverpool City Council v Estephan [2009] NSWCA 161 Wallace v GWH Build Pty Ltd [2016] NSWDC 51 Category: Costs Parties: Deborah Lee Wallace and Mark Wallace (Plaintiffs) GWH Build Pty Ltd (Defendant) GWH Build Pty Ltd (First cross claimant) ACN 125 668 215 Pty Ltd (formerly known as Maitland Motel and Conference Centre Pty Ltd) (Second cross claimant) Deborah Lee Wallace (First cross defendant) Mark Wallace (Second cross defendant) Neon Rock Pty Ltd (Third cross defendant) Representation: Counsel: Mr JL Glissan QC (for the applicant defendant and cross claimants on the first motion and for the respondents on the second motion and for their solicitor, Mr Graham Lancaster) Mr JA Trebeck (for the respondent plaintiffs and cross defendants on the first motion and for the applicant plaintiffs on the second motion)