[2019] NSWSC 1472
Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas (No 2)
(1) The plaintiff is to pay all of the defendant’s costs in relation to and incidental to the proceedings and the notice of motion.
Catchwords
COSTS – defendant successful on notice of motion – plaintiff given opportunity to make submissions as to costs – no submissions received – costs order made in favour of the defendant
Cases cited
- Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas[2019] NSWSC 1376
Legislation cited
- Uniform Civil Procedure Rules 2005 (NSW), § 12
Judgment
- [1]
On 11 October 2019 pursuant to a notice of motion filed by the defendant, I provided a judgment to the parties declining to exercise jurisdiction in the proceedings pursuant to Rule 12.11(1)(h) of the Uniform Civil Procedure Rules 2005 (NSW): Gennacker Pty Ltd trading as Homestead Holiday Park v Fontainas [2019] NSWSC 1376.
- [2]
I made orders requesting the plaintiff file and serve written submissions by 18 October 2019 as to any alternative costs order for which it contends, noting that the defendant had sought a costs order that the plaintiff pay all of the defendant’s costs in relation to and incidental to the proceedings and the notice of motion.
- [3]
No submissions were received.
- [4]
Given the defendant succeeded in full on its notice of motion, and given my finding that the proceedings – still in their early stages – should have been commenced as an appeal in the New South Wales Civil and Administrative Tribunal and not this court, the proper costs order that reflects those findings is in the form of the order sought by the defendant.
- (1)
The plaintiff is to pay all of the defendant’s costs in relation to and incidental to the proceedings and the notice of motion.
- (1)