Russo v Russo (No. 2)

The case of Russo v Russo (No. 2) was heard in the Supreme Court of New South Wales. The dispute involved the resolution of accounts between the parties, specifically regarding a joint venture established between the parties. The court was required to determine several legal issues, including whether costs should be reserved until the accounts were completed in common form, whether the plaintiffs should bear the costs that were rendered ineffective due to the cancellation of the hearing date, and whether specific orders should be made against the unsuccessful defendants in relation to the successful defendant. Additionally, the court had to decide whether relief should be granted against the second defendant, whether costs should be awarded against the second defendant, and whether costs should be awarded against the unsuccessful third plaintiff.

The court considered the issue of whether the same judicial officer who had made final findings of credit against the witnesses should hear the taking of the joint venturers' accounts. The court also examined the question of whether the plaintiffs were entitled to declaratory relief. The reasoning of the court involved a thorough analysis of the evidence presented and the principles of civil procedure. The court held that the same judicial officer could hear the taking of the joint venturers' accounts, as there was no apprehended bias due to the pre-judgment. The court further determined that the plaintiffs were entitled to declaratory relief.

The court's outcome was that costs should be reserved until the accounts were completed in common form. The plaintiffs were not required to pay the costs that were wasted due to the cancellation of the hearing date. The court also made specific orders against the unsuccessful defendants in relation to the successful defendant, and granted relief against the second defendant. Costs were awarded against the second defendant but not against the unsuccessful third plaintiff.