Strange v Turnbull (No 2) [2017] NSWSC 1551

Supreme Court New South Wales

Medium Neutral Citation: Strange v Turnbull (No 2) [2017] NSWSC 1551 Hearing dates: On the papers Decision date: 17 November 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: There is to be no order as to costs in relation to the notice of motion for summary judgment filed on 16 August 2017 Catchwords: COSTS - partly unsuccessful application by plaintiff for summary judgment – Uniform Civil Procedure Rules 2005 r 42.1 – application for some other order to be made – asserted central issue to defence not previously pleaded or notified to plaintiff but raised at hearing of application – no order as to costs – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 98 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Strange v Turnbull [2017] NSWSC 1363 Category: Costs Parties: Robert John Strange (Plaintiff) Robeena June Turnbull and Grant Wesley Turnbull as executors for the estate of the late Ian Robert Turnbull (Defendant) Representation: Counsel: Mr E Romaniuk SC with Mr L Judd (Plaintiff) Mr T Alexis SC (Defendant)

Solicitors: Slater & Gordon Lawyers Cole & Butler File Number(s): 2015/183692

Judgment 1. HIS HONOUR: On 11 October 2017 I gave judgment on the plaintiff's application for summary judgment. It was conceded that judgment could be entered on the claim in negligence. I refused the application in respect of the claims in assault and false imprisonment: Strange v Turnbull [2017] NSWSC 1363 ("the primary judgment"). 2. The question of costs was subsequently dealt with by way of written submissions.