NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sheppard v State of New South Wales [2018] NSWSC 62 Hearing dates: 21 July 2017, 10 October 2017 Date of orders: 06 February 2018 Decision date: 06 February 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The defendants' costs are to be paid on the basis of a specified gross sum instead of assessed costs.
(2) The specified gross sum due to be paid by the Plaintiffs to the defendants is $337,292.66.
(3) The Notice of Motion is otherwise dismissed. Catchwords: COSTS – where respondents did not act on opportunity to engage with applicants – ex parte hearing – specified gross sum costs order
COSTS – interest on costs – where costs sum not available to respondents until publication of this judgment – no order for interest on costs Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 98, 101 Legal Profession Act 2004 (NSW) Pt 3.2 Uniform Civil Procedure Rules 2005 (NSW) r 2.1 Cases Cited: Chaina v Presbyterian Church (NSW) Property Trust (No 26) [2014] NSWSC 1009 Hamod v State of New South Wales [2011] NSWCA 375 Lahoud v Lahoud [2006] NSWSC 126 Leda Pty Ltd v Weerden (No 2) [2007] NSWCA 283 Category: Costs Parties: Russell Sheppard (First Plaintiff) Joanne Sheppard (Second Plaintiff)
State of New South Wales (First Defendant) Sydney Catchment Authority (Second Defendant) Representation: Counsel: Ms C Webster SC (First and Second Defendants)
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