Spyrides v Marsh (No. 2) [2019] NSWSC 1702

Supreme Court New South Wales

Medium Neutral Citation: Spyrides v Marsh (No. 2) [2019] NSWSC 1702 Hearing dates: Judgment given on 3 October 2019 and further orders made in Chambers on 25 October 2019. Written submissions thereafter filed and decision made in Chambers on the papers. Date of orders: 02 December 2019 Decision date: 02 December 2019 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff ordered to pay 50% of the first and second defendants' combined costs of the proceedings on the ordinary basis, as agreed or assessed. Catchwords: COSTS – apportionment of costs – plaintiff's claim dismissed against the first defendant but successful against the second defendant – whether the defendants' conduct of the proceedings caused a lengthening of the litigation – whether the defendants' costs should be assessed together. Legislation Cited: Civil Procedure Act 2005, s 98(1)(a) Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 Fordyce v Fordham (2006) 67 NSWLR 497 King Network Group Pty Ltd v Club of the Club's Pty Ltd (No 2) [2009] NSWCA 204 Oshlack v Richmond River Council (1998) 193 CLR 72 Spyrides v Marsh [2019] NSWSC 1289 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No. 2) (2011) 288 ALR 385 University of New South Wales International House Ltd v University of New South Wales (No 2) [2017] NSWSC 306 Category: Costs Parties: Plaintiff: Euripides Christou Spyrides First Defendant: Timothy Elgan Marsh Second Defendant: Used Cars Plus Pty Ltd (ACN 163 574 865) Third Defendant: HB Motors Pty Ltd (ACN 610 787 865) Representation: Counsel: Plaintiff: J. Halley SC; E. Bathurst Defendants: B. Le Plastrier; D. Edney