NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Damien v Jackson [2018] NSWCA 64 Hearing dates: 20 March 2018 Date of orders: 20 March 2018 Decision date: 20 March 2018 Before: White JA Emmett AJA Decision: 1. Summons seeking leave to appeal dismissed.
2. Applicant to pay the respondent's costs.
3. The costs the subject of order 2 be capable of being assessed forthwith and be payable forthwith after agreement or assessment. Catchwords: COSTS – Leave to appeal against costs order in District Court – notice of motion brought to strike out plaintiff's statement of claim – primary judge ordered the plaintiff to replead and parties to pay their own costs – summons seeking leave to appeal dismissed – no question of principle Legislation Cited: Civil Liability Act 2002 (NSW), s 5B(1) Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 42.7 Cases Cited: Be Financial Pty Ltd as trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Garzo v Liverpool/Campbelltown Christian School Ltd [2011] NSWSC 292 House v The King (1936) 55 CLR 499 Re Will of Gilbert (1946) 46 SR (NSW) 318 The Age Company Ltd & Ors v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Karl Damien (Applicant) Lindyll Jackson (Respondent) Representation: Counsel: C Stomo (Applicant) D A Lloyd (Respondent)
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