Hawkins v Wetherill Park Market Town Pty Ltd [2020] NSWSC 303

Supreme Court New South Wales

Medium Neutral Citation: Hawkins v Wetherill Park Market Town Pty Ltd [2020] NSWSC 303 Hearing dates: 25 October 2019, 16 December 2019 Decision date: 26 March 2020 Jurisdiction: Equity Before: Robb J Decision: See pars 79 to 86. First to third defendants are entitled to their costs of their notice of motion filed on 24 May 2019. All defendants are entitled to an order that all of their costs occasioned by the filing of the further amended statement of claim be paid by the plaintiff. Parties should confer and submit appropriate short minutes of order to give effect to these reasons. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Costs Parties: John Campbell Hawkins (plaintiff / first respondent) Wetherill Park Market Town Pty Ltd (first defendant / first applicant) Ross Alexander Trimboli (second defendant / second applicant) Francis Trimboli (third defendant) Robert Martignago (fourth defendant / second respondent) Representation: Counsel: D Allen (plaintiff / first respondent) D Pritchard SC / JP Nathan (first to third defendants / first and second applicants) M Ziegler (fourth defendant / second respondent)

Solicitors: Kekatos Lawyers (plaintiff / first respondent) KPL Lawyers (first to third defendants / first and second applicants) Golottas Solicitor (fourth defendant / second respondent) File Number(s): 2018 / 223114