Phillips v Tobias Partners Pty Ltd (No 2)
[2013] NSWSC 653
•30 May 2013
Supreme Court
New South Wales
Medium Neutral Citation: Phillips v Tobias Partners Pty Ltd (No 2) [2013] NSWSC 653 Hearing dates: On the papers Decision date: 30 May 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: Summons and cross summons dismissed - each party to pay their own costs.
Catchwords: Costs - no question of principle. Cases Cited: Phillips v Tobias Partners Pty Ltd [2013] NSWSC 496 Category: Consequential orders Parties: Edwin Phillips (Plaintiff/Cross Defendant)
Tobias Partners Pty Ltd (Defendant/Cross Claimant)Representation: Counsel:
R.I. Bellamy (Plaintiff/Cross Defendant)
S.A. Benson (Defendant/Cross Claimant)
Solicitors:
Bottrill Van Kempen Solicitors (Plaintiff/Cross Defendant)
Lenehan & Co (Defendant/Cross Claimant)
File Number(s): 2012/278149
Judgment
On 3 May 2013 I gave judgment in these proceedings (Phillips v Tobias Partners Pty Ltd [2013] NSWSC 496). I indicated that I proposed to dismiss the appeal and the cross appeal (at [79]). I also stated that "my present view is that the appropriate order is each party should pay their own costs" (at [82]) but stood the matter over so that the parties could address costs, if they so chose, as well as any other orders necessary to reflect a mathematical error in the Local Court judgment and whether any further orders needed to be made in relation to the funds paid into Court.
The parties subsequently notified the Court that they did wish to make any further submissions in relation to costs and there was no need to make any orders in relation to the funds paid into Court. The parties also agreed that the mathematical error in the Local Court judgment could be addressed by enabling the plaintiff in this Court, Edwin Phillips, to set off the amount owing to him as result of the correction of the mathematical error from the amount he will have to pay the defendant in this Court, Tobias Partners Pty Ltd, pursuant to the Local Court's costs order. The parties agreed that the Court should make a declaration to give effect to that.
Accordingly the orders are:
(1) The Plaintiff's summons is dismissed.
(2) The Defendant's cross summons is dismissed.
(3) Declare that the Plaintiff is entitled to deduct from the amount he is required to pay to the defendant pursuant to the costs order made by the Local Court on 20 July 2012 the sum of $2,612.50 together with interest on that sum to the date of payment.
(4) Each party pay their own costs of the proceedings in this Court.
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Decision last updated: 30 May 2013
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