Burns v Corbett [2018] NSWSC 1347

Supreme Court New South Wales

Medium Neutral Citation: Burns v Corbett [2018] NSWSC 1347 Hearing dates: Dealt with on the papers in Chambers Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Common Law Before: Campbell J Decision: No order as to costs to the intent that each party will bear his or her own costs of the proceedings in the Common Law division Catchwords: COSTS – motions dismissed – general rule – whether complaint was brought in public interest – whether there was a delay by a party – federal diversity argument – whether the matter was an appeal for the purpose of the Suitor's Fund Act 1951 (NSW) – substance over procedure – parties pay own costs Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 49ZT,114 Civil Procedure Act 2005 (NSW), s 98 Service and Execution of Process Act 1992 (Cth) Suitors' Fund Act 1951 (NSW), ss 2, 2A, 6, 6C Uniform Civil Procedure Rules 2005 (NSW), rr 1.21, 28.2, 42.1 Cases Cited: Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Pty [1951] 1 All ER 873; Burns v Corbett [2018] HCA 15; 92 ALJR 423; Burns v Corbett [2017] NSWCA 3; 316 FLR 448; Burns v Corbett [2016] NSWSC 459; Jones v Trad (No 3) [2013] NSWCA 463; Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11; Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; Smeaton Hanscomb & Co Ltd v Sassoon I Setty, Son & Co (No 2) [1953] 1 WLR 1481; Tu v University of Sydney (No 2) [2002] NSWADTAP 25 Texts Cited: Nil Category: Costs Parties: Gary Burns (Plaintiff) Tess Corbett (Defendant) Representation: Counsel: K Madgwick (Plaintiff) J Loxton (Defendant)