Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors (No 2) [2019] NSWSC 386

Supreme Court New South Wales

Medium Neutral Citation: Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors (No 2) [2019] NSWSC 386 Hearing dates: On the papers Date of orders: 09 April 2019 Decision date: 09 April 2019 Jurisdiction: Common Law Before: Wilson J Decision: Order (2) of 22 March 2019 is varied, as follows: The costs of the Notice of Motion of 20 November 2018 are the plaintiff's costs in the cause. Catchwords: CIVIL PROCEDURE – earlier order dismissing Notice of Motion filed by defendant – plaintiff seeks specific sum costs payable forthwith – affidavit evidence of party/party costs – reasonableness of sum disputed by defendant – order for costs in the cause – no point of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665; [2006] FCA 1427 In the Matter of Ji Woo International Education Centre Pty Ltd [2019] NSWSC 338 Kiwi Munchies v Stern [2006] NSWSC 433 Saba v Plumb [2017] NSWSC 955 Sherborne Estate (No 2); Vanvalen v Neaves 65 NSWLR 268; [2005] NSWSC 1003 Wardley Australia Limited v Western Australia (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Plaintiff – Lake Maintenance (NSW) Pty Limited Defendant – Todd Hadley Pty Limited & Ors Representation: Counsel: Plaintiff – Dr Chris Birch SC and Penny Thew Defendant – M.T McCulloch SC