Bartlett v Weatherill (No 2) [2017] NSWSC 181

Supreme Court New South Wales

Medium Neutral Citation: Bartlett v Weatherill (No 2) [2017] NSWSC 181 Hearing dates: On the papers Decision date: 06 March 2017 Jurisdiction: Common Law Before: Adamson J Decision: See [11] Catchwords: COSTS – party seeking monetary sum who fails to obtain judgment is unsuccessful party, even if breach established – no reason shown to depart from the general principle that costs ought follow the event Legislation Cited: Suitors' Fund Act 1951 (NSW), s 6 Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), s 18 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Bartlett v Weatherill [2017] NSWSC 31 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 Category: Costs Parties: Clinton Garth Bartlett (Plaintiff) Colin Weatherill (Defendant) Representation: Counsel: RC Gration (Plaintiff) JA Darvall (Defendant)

Solicitors: WMD Law (Plaintiff) Freedman & Gopalan Solicitors (Defendant) File Number(s): 2016/00228657

Judgment

Introduction 1. On 6 February 2017 I published reasons allowing the appeal brought by the plaintiff in this Court (Mr Bartlett) against the defendant in this Court (Dr Weatherill): Bartlett v Weatherill [2017] NSWSC 31 and reserved the question of costs. The parties were directed to file submissions if they sought an order other than that the costs ought follow the event (which would have resulted in Dr Weatherill being ordered to pay the costs of the proceedings in this Court and in the Local Court; and the costs orders in the Local Court being set aside).