NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cairncross v Anderson t/as ERA Legal (No 3) [2016] NSWSC 1478 Hearing dates: In Chambers Decision date: 18 October 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The defendants, Daren Anderson trading as ERA Legal and Gallande Pty Limited trading as ERA Legal, must pay the costs of the plaintiff, Ms Tiffany Cairncross, of the motion on the ordinary basis. Catchwords: COSTS – application for indemnity costs – notice of motion founded on advocate's immunity – whether motion so lacking in merit as to call for indemnity costs Cases Cited: Attwells v Jackson Lalic Lawyers Pty Limited (2016) 90 ALJR 572; [2016] HCA 16 Cairncross v Anderson t/as ERA Legal (No 2) [2016] NSWSC 1326 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Texts Cited: G E Dal Pont, Law of Costs, (3rd ed 2013, LexisNexis Butterworths) Category: Costs Parties: Tiffany Cairncross (Plaintiff/Respondent) Daren Anderson trading as ERA Legal (First Defendant/ First Applicant) Gallande Pty Limited trading as ERA Legal (Second Defendant/ Second Applicant) Representation: Counsel: N J Owens (Applicants) M Henry (Respondent)
Solicitors: Yeldham Price O'Brien Lusk (Applicants) Shine Lawyers (Respondent) File Number(s): 2015/163787
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