Bird v Anambah Land Pty Ltd (No 2) [2016] NSWSC 1552

Supreme Court New South Wales

Medium Neutral Citation: Bird v Anambah Land Pty Ltd (No 2) [2016] NSWSC 1552 Hearing dates: 2 November 2016 Decision date: 02 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: Declare that the costs order of 9 February 2016 does not include the costs of the mediation and expert determination. Order that the defendant pay the plaintiff's costs of this application Catchwords: PRACTICE AND PROCEDURE – judgments and orders - whether Court should make declaration as to the proper construction of an order made earlier in the proceedings; COSTS – earlier order that plaintiff pay the costs of the proceedings – where agreement between parties required expert determination of disputed issues – whether costs of the proceedings includes costs of such expert determination and an earlier unsuccessful mediation Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Bird v Anambah Land Pty Ltd [2016] NSWSC 1548 Blanch v British American Tobacco Australia Services Limited (2005) 62 NSWLR 653; NSWSC 241 Cawood v Green (Supreme Court (NSW), Hardie JA, 26 June 1974, unrep) DJL v The Central Authority (2000) 201 CLR 226; HCA 17 Fletcher Construction Australia Ltd v MPN Group Pty Ltd (Supreme Court (NSW), Rolfe J, 14 July 1997, unrep) Hall Chadwick Pty Ltd v Doyle [2006] NSWSC 1195 Newcastle City Council v Wieland (2009) 74 NSWLR 173; NSWCA 113 Newmont Yandal Operations Pty Ltd v The J Aron Corporation and the Goldman Sachs Group Inc (2007) 70 NSWLR 411; NSWCA 195 Triarno Pty Ltd v Triden Contractors Ltd (Supreme Court (NSW), Cole J, 22 July 1992, unrep) Category: Procedural and other rulings Parties: Deborah Michelle Bird (Plaintiff) Anambah Land Pty Ltd (Defendant) Representation: Counsel: N Kabilafkas with D Habashy (Plaintiff) G A Laughton SC (Defendant)