Nitopi v Translawcom Pty Ltd t/as Brander Smith McKnight (No 2) [2017] NSWSC 1421

Supreme Court New South Wales

Medium Neutral Citation: Nitopi v Translawcom Pty Ltd t/as Brander Smith McKnight (No 2) [2017] NSWSC 1421 Hearing dates: 13 June 2017 and written submissions 8 September 2017 and 15 September 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The defendant pay Ms Nitopi's costs of the proceedings, except for the costs of the defendant's motion of 13 December 2016 and the hearing before Rothman J on 21 and 24 March 2017;

(2) Ms Nitopi is to bear the costs of the defendant's motion of 13 December 2016;

(3) Each party is to bear their own costs of the hearing on 21 and 24 March 2017. Catchwords: PROCEDURE – costs – costs orders where a party succeeded on some issues and failed on others – exceptions from the general rule as to costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nitopi v Translawcom Pty Ltd t/as Brander Smith McKnight [2017] NSWSC 1156 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Turkmani v Visvalingam (No 2) [2009] NSWCA 279 Category: Procedural and other rulings Parties: Cristina Francesca Pirrello Nitopi (Plaintiff) Translawcom Pty Ltd t/as Brander Smith McKnight (Defendant) Representation: Counsel: Mr A Djurdjevic (Plaintiff) Mr M Maconachie (Defendant)