Road Services Group Pty Ltd & Anor v John Norman Fletcher and Ors [2017] NSWSC 614

Supreme Court New South Wales

Medium Neutral Citation: Road Services Group Pty Ltd & Anor v John Norman Fletcher and Ors [2017] NSWSC 614 Hearing dates: 4 May 2017 Decision date: 17 May 2017 Before: Sackar J Decision: See para [17], [28], [32], [38], [41], [47] and [52]. Category: Costs Parties: Road Services Group Pty Ltd (first plaintiff) Tropic Asphalts Pty Limited (second plaintiff)

John Norman Fletcher (first defendant) Norman George Fletcher (second defendant Fernworx Pty Ltd (third defendant) Newpave Asphalt Pty Limited (fourth defendant) Johjul Pty Limited (fifth defendant) Representation: Counsel: S Keizer (plaintiffs) Ms Clemmett (defendants)

Solicitors: Kempstrang (plaintiffs) Sparke Helmore (defendants) File Number(s): 2015/377458

Judgment 1. This matter came before me in the Expedition List some little time ago and I have granted expedition. 2. It has been fixed for hearing for 15 days commencing 13 June 2017. 3. There have been a significant number of interlocutory disputes between the various parties and costs have been reserved in respect of each of them. This judgment now deals with all outstanding costs issues. 4. The plaintiffs seek their costs of the following: 1. The plaintiff's notice of motion seeking discovery dated 25 August 2016; 2. The third and fourth defendant's notice of motion dated 10 October 2106 and the first, second and fifth defendants amended notice of motion dated 12 October 2016 (the subpoena motions); 3. The interlocutory hearing on 14 November 2016; 4. The costs of the directions hearing before Stevenson J on 1 July 2016; 5. The directions hearing on 12 August 2016; 6. The directions hearing on 9 February 2017; and 7. The directions hearing on 10 March 2017. 1. I shall deal with each of the above separately.