NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Webber v Racing New South Wales (No 2) [2019] NSWSC 627 Hearing dates: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Common Law Before: McCallum J Decision: The defendants are to pay the plaintiff's costs of the proceedings; that after 30 June 2017 those costs be assessed on the indemnity basis; that the costs order made by Latham J on 30 June 2017 be vacated. Catchwords: COSTS – basis for assessment – Court's discretion – whether it was unreasonable for the defendants to have subjected the plaintiff to the expenditure of costs in the proceedings – where defendants made concession as to jurisdictional error shortly before hearing and after strongly-contested interlocutory steps – defendants' behaviour towards plaintiff in proceedings characterised as unhandsome Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 17.7, 36.16(3), 59.7 Cases Cited: In the Matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356 Webber v Racing New South Wales [2017] NSWSC 687 Webber v Racing New South Wales [2019] NSWSC 46 Webber v Racing New South Wales (Supreme Court (NSW), Latham J, 30 June 2017, unrep) Category: Costs Parties: Pam Anne Marie Webber (plaintiff) Racing New South Wales (first defendant) Peter N V'landys (second defendant) Representation: Counsel: V Heath (plaintiff) ATS Dawson SC (defendants)
Solicitors: Stacks Goudkamp (plaintiff) Racing New South Wales (defendants) File Number(s): 2016/362162 Publication restriction: None
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