Warragamba Winery Pty Ltd v State of New South Wales

The parties to the proceedings were Warragamba Winery Pty Ltd, the plaintiff, and the State of New South Wales, the first defendant. The plaintiff sought an order for the first defendant to pay certain costs. The plaintiff also sought costs of a motion for discovery that was settled. The matter was heard in the Supreme Court of New South Wales. The nature of the dispute was the failure of the first defendant to serve evidence as ordered by a certain date, leading to the plaintiff seeking to enforce the order. Additionally, the plaintiff sought costs of a motion for discovery that had been settled.

The legal issues before the court included whether the mediation of the dispute was of no utility in the circumstances, whether costs had been thrown away as a result, and whether the first defendant should be ordered to pay the costs. The court also considered whether an order should be made for payment of costs forthwith under UCPR 42.7(2). Furthermore, the court examined the costs of the motion for discovery and whether the first defendant should be ordered to pay some of these costs forthwith, with some costs to be costs in the proceedings.

The court found that the mediation of the dispute was of no utility in the circumstances and that costs had indeed been thrown away as a result. The court held that the first defendant should be ordered to pay the costs. The court also found that an order should be made for payment of costs forthwith under UCPR 42.7(2). In relation to the motion for discovery, the court held that the first defendant should be ordered to pay some of these costs forthwith, with some costs to be costs in the proceedings.

The final orders included that the first defendant was to pay certain costs forthwith, with some of these costs to be costs in the proceedings. Additionally, the first defendant was to pay some of the costs of the motion for discovery forthwith, with some of these costs to be costs in the proceedings.