Dee Why Auto Clinic and Anor v Roads and Maritime Services (No 2) [2017] NSWSC 478

Supreme Court New South Wales

Medium Neutral Citation: Dee Why Auto Clinic and Anor v Roads and Maritime Services (No 2) [2017] NSWSC 478 Hearing dates: Written submissions Date of orders: 27 April 2017 Decision date: 27 April 2017 Jurisdiction: Common Law Before: Bellew J Decision: 1. The plaintiffs are to pay the defendant's costs of the plaintiffs' notice of motion of 23 February 2017 as agreed or assessed. 2. The defendant is to pay the plaintiffs' costs of the proceedings before this Court as agreed or assessed. 3. The costs of the entirety of the proceedings in the Local Court are to be determined by the Magistrate at the conclusion of such proceedings before him. Catchwords: PRACTICE AND PROCEDURE – Costs – Appeal –Where plaintiffs appeal against the decision of a Magistrate in the Local Court was successful – Where proceedings were remitted to the Magistrate to be further dealt with – Whether the defendant was entitled to an indemnity certificate – Whether the defendant was "the Crown" for that purpose – Whether costs of the Local Court proceedings should be at the discretion of the Magistrate Legislation Cited: Interpretation Act 1987 (NSW) Suitors Fund Act 1951 (NSW) Transport Administration Act 1988 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brittain v Commonwealth of Australia (No 2) [2004] NSWCA 427 Brownlie v Overend [1979] VR 283 at 288 Dee Why Auto Clinic and Anor v Roads and Maritime Services [2017] NSWSC 377 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Category: Principal judgment Parties: Dee Why Auto Clinic – First plaintiff Armen Rostamians – Second plaintiff Roads and Maritime Services - Defendant Representation: Counsel: S Stanton – Plaintiffs M Spartalis - Defendant