Roads and Traffic Authority of New South Wales, Council of the Shire of Evans & Pioneer Road Services Pty Ltd v Palmer (No 2)

[2005] NSWCA 140

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Bullock order
4. › Application made after judgment and costs orders entered
5. › Whether power to vary costs orders
6. › Slip rule
7. › Supreme Court Rules Pt 20 r 10(1)
8. › Supreme Court Rules Pt 40 r 9
9. › Supreme Court Rules Pt 52A r 5
1. Practice and Procedure
2. › Costs
3. › Bullock order
4. › Principles governing when order should be made
5. › Whether conduct of unsuccessful defendant made it fair to impose additional costs liability
6. › Whether joinder of successful defendant was reasonable and proper
1. Practice and Procedure
2. › Judgments and orders
3. › Finality of entered orders
4. › General rule against variation after entry
5. › Exceptions
6. › Slip rule

Quick Take

The slip rule (Pt 20 r 10(1)) provides power to vary entered costs orders where a party's failure to apply for a Bullock order at the hearing was an oversight, notwithstanding that the orders have been entered. However, a Bullock order will not be made merely because it was reasonable for the plaintiff to join the successful defendant; there must be conduct by the unsuccessful defendant making it fair to impose the additional costs burden. Defendants who simply deny liability and do not create uncertainty as to who is the proper defendant do not engage the Bullock order jurisdiction.