Abbatangelo v Aleckson (No. 2) [2019] NSWDC 461

District Court New South Wales

Medium Neutral Citation: Abbatangelo v Aleckson (No. 2) [2019] NSWDC 461 Hearing dates: On the papers Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Dismiss the defendant's application for an order that the defendant and the respondent pay their own costs of the Notice of Motion. (2) Confirm the costs order made on 23 August 2019, that the defendant pay the costs of the respondent Donald Stuart Cameron of the Notice of Motion filed on 27 February 2018. (3) Order the defendant to pay the respondent's costs of this application for a different costs order. Catchwords: COSTS – costs follow the event – no reason to depart from usual order Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Abbatangelo v Aleckson [2019] NSWDC 430 Category: Costs Parties: Richard Abbatangelo (Plaintiff) Jay Aleckson (Defendant) Donald Cameron (Respondent to Motion) Representation: Counsel: B Wilson (Defendant/Applicant) D A Lloyd (Respondent)

Solicitors: Hall & Wilcox (Defendant) Slater & Gordon (Respondent to Motion) File Number(s): 2015/240507

Judgment

Introduction 1. The defendant sought an order against the respondent, the plaintiff's former solicitor, pursuant to s 99 of the Civil Procedure Act 2005 (NSW). By a judgment delivered on 23 August 2019 I dismissed the defendant's Notice of Motion filed on 27 February 2018 – Abbatangelo v Aleckson [2019] NSWDC 430. 2. I ordered the defendant to pay the costs of the respondent Donald Stuart Cameron of the Notice of Motion. I granted leave to approach my Associate if there was to be any application for a different costs order. 3. The respondent did not wish to seek a different costs order. The defendant sought an order that the defendant and the respondent should pay their own costs of the Notice of Motion. The parties agreed that the issue of costs could be dealt with on the papers, after consideration of written submissions. 4. Counsel for the defendant provided written submissions dated 29 August 2019 (MFI 4). Counsel for the respondent provided written submissions dated 2 September 2019 (MFI 5).