Polglase by his tutor Jeffrey Polglase v Coffs Harbour City Council (No 3) [2020] NSWSC 169

Supreme Court New South Wales

Medium Neutral Citation: Polglase by his tutor Jeffrey Polglase v Coffs Harbour City Council (No 3) [2020] NSWSC 169 Hearing dates: 28 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The first and third defendants pay the costs of the plaintiff. (2) The plaintiff pay the costs of the fourth defendant. (3) The plaintiff pay the costs of the fifth and sixth defendants. (4) The first and third defendants pay the costs of the fourth, fifth and sixth defendants on the cross claims on an ordinary basis. (5) Except that, in respect of the cross-claim between the first and third defendants and the fifth and sixth defendants, the first and third defendants pay the costs on an indemnity basis from 30 August 2016. (6) The plaintiff is entitled to recover his costs against the first and third defendants forthwith. (7) The orders I make in respect of the costs of the fourth, fifth and sixth defendants as against the plaintiff are that those costs are only recoverable on the conclusion of the whole proceedings. Catchwords: COSTS — party/party — orders when proceedings involve multiple parties — Bullock and Sanderson orders — conduct of unsuccessful defendant Cases Cited: ACQ v Cook (No 2); Aircair Moree v Cook (No 2); Cook v Country Energy (No 2); Country Energy v Cook (No 2) [2008] NSWCA 306 Almeida v Universal Dye Works Pty. Limited & Ors [2001] NSWCA 156 Bullock v London General Omnibus Co [1907] 1 KB 264 Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Gould v Vaggelas (1985) 157 CLR 271; [1985] HCA 75 Lackerstein v Jones (No 2) [1988] NTSC 72; 93 FLR 442 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Stevedoring Industry Finance Committee v Ronald J Gibson & 4 ORS [2000] NSWCA 179; (2000) NSWCCR 417 Category: Costs Parties: Tedmund Polglase by his tutor Jeffrey Polglase (Plaintiff) Coffs Harbour City Council (First Defendant) Coffs Jetty Foreshore Reserve Trust (Third Defendant) State of New South Wales (Fourth Defendant) Betty Whitton (Fifth Defendant) David Whitton (Sixth Defendant) Representation: Counsel: R S McIlwaine SC with R E Quickenden (Plaintiff) R Sheldon SC (First and Third Defendants) H Chiu (Fourth Defendant) M Hutchings (Fifth and Sixth Defendants)