Rodd v Hall (No 2) [2019] NSWSC 1528

Supreme Court New South Wales

Medium Neutral Citation: Rodd v Hall (No 2) [2019] NSWSC 1528 Hearing dates: On the papers Decision date: 06 November 2019 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) The defendants are to pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 16 July 2019. (2) The defendants are to pay the plaintiff's costs on an indemnity basis from 17 July 2019 onwards. (3) The defendants are to pay the plaintiff's costs of this costs application on the ordinary basis. Catchwords: PRACTICE AND PROCEDURE – costs dispute – whether successful plaintiff entitled to costs where amount recovered did not exceed $500,000 – factors relevant to consideration – conclusion that commencement and continuation of proceedings in the Supreme Court was warranted – plaintiff entitled to an order for costs. Legislation Cited: Uniform Civil Procedure Rules 2005 – rules 20.26, 42.14, 42.34 Cases Cited: Milich v The Council of the City of Canterbury (No 3) [2012] NSWSC 1280 Rodd v Hall [2019] NSWSC 1304 State of New South Wales v Quirk [2012] NSWCA 216 Category: Costs Parties: Kim Rodd – Plaintiff Peta Ann Hall – First Defendant Cameron Charles Hall – Second Defendant Malcolm McInnes – Third Defendant Malcolm McInnes as Executor of the Estate of Robyn Joy McInnes – Fourth Defendant Representation: Counsel: M Cranitch SC/M Inglis – Plaintiff J C Lee – Defendants