Ralston and Collins v Chaffey (No. 2) [2019] NSWSC 793

Supreme Court New South Wales

Medium Neutral Citation: Ralston and Collins v Chaffey (No. 2) [2019] NSWSC 793 Hearing dates: On the papers Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Common Law Before: Davies J Decision: I vary order 3 made by me on 21 December 2018 to order that the plaintiff is to pay the second defendant's costs of the motion on an indemnity basis. Catchwords: COSTS – party/party – bases of quantification - indemnity costs – application for costs of a motion on an indemnity basis – application brought after judgment had been delivered on the motion – substantive judgment granted costs to the applicant on the ordinary basis – application brought without notice or warning to the respondent – whether the respondent's conduct of proceedings was plainly unreasonable or whether there was relevant delinquency – where the respondent repeatedly failed to comply with directions of the Court – where the respondent improperly produced expert reports – where the respondent's solicitor caused unnecessary adjournments by his unavailability – where the failure to give notice of the application had no bearing on the respondent's approach to the application – application granted Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 58, 98, 99. Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303; [2013] HCA 46 Huntsman Chemical Co Australia Pty Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242 Nobrega v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (No 2) [1999] NSWCA 133 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Ralston and Collins v Chaffey [2018] NSWSC 1994 Sydney City Council v Geftlick [2006] NSWCA 280 Texts Cited: Nil Category: Procedural and other rulings Parties: Malcolm Collins (Plaintiff) Jane Ralston (Plaintiff) Dr Heather Chaffey (First Defendant) Jillian Gai Walsh as Executor of the estate of the late Dr Deborah Wass (Second Defendant) Dr Jenny Gidden (Fourth Defendant) Dr Alison Green (Fifth Defendant) Victorian Clinical Genetics Services (Sixth Defendant) Representation: Counsel: A J Bartley SC & J Ronald (Plaintiffs) S King (First Defendant) J Sandford (Second Defendant) S Dow (Fourth, Fifth & Sixth Defendants)