Hawcroft v Jamieson (No 2) [2017] NSWSC 1599

Supreme Court New South Wales

Medium Neutral Citation: Hawcroft v Jamieson (No 2) [2017] NSWSC 1599 Hearing dates: On the papers(Last submissions received 20 November 2017) Decision date: 24 November 2017 Before: Gleeson JA Decision: (1) Defendants to pay 60 percent of the plaintiff's costs of the proceedings.

(2) The defendants pay to the plaintiff interest on costs and disbursements, at the prescribed rate as defined in s 101(7) of the Civil Procedure Act 2005 (NSW), on the Allowed Percentage of each amount of costs and disbursements actually paid by the plaintiff, from the date of payment by the plaintiff of each such amount of costs and disbursements until such time as the defendants have paid the costs due to the plaintiff pursuant to order (1), where:

(a) the Allowed Percentage equals ((Y/X) x 100%);

(b) Y – equals the total amount of costs and disbursements allowed on assessment to the plaintiff under order (1);

(c) X – equals the total amount of costs and disbursements which the plaintiff has paid or is liable to pay to her legal advisers in connection with these proceedings.

(3) There be liberty to apply in the event of any difficulty in working out interest under order (2). . Catchwords: COSTS – appropriate order as to costs – where defendants seek a different costs order from that indicated preliminarily in primary judgment – where plaintiff failed on a dominant issue but successful in obtaining other relief sought – where amount of time directed to the issue on which plaintiff failed was significant – whether appropriate to disturb preliminary view as costs.