Gladio Pty Ltd v Buckworth

[2016] NSWCA 321

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Supreme Court proceedings
4. › Judgment less than $500,000
5. › Whether commencement and continuation of proceedings in Supreme Court warranted
6. › UCPR r 42.34
1. Practice and Procedure
2. › Costs
3. › Departure from general rule that costs follow the event
4. › Success on one issue but failure on numerous other issues
5. › UCPR r 42.1
1. Practice and Procedure
2. › Costs
3. › Bullock order
4. › Whether cross-defendant's costs should be paid by unsuccessful party
5. › Whether joinder of party was reasonable
1. Practice and Procedure
2. › Procedural fairness
3. › Determination of costs on the papers
4. › Whether oral argument required
5. › Whether party had opportunity to address relevant rule

Quick Take

The mere fact that a plaintiff seeks declaratory relief that can only be granted by the Supreme Court does not, for the purposes of UCPR r 42.34, of itself make the commencement and continuation of proceedings in the Supreme Court warranted where the real relief sought is a monetary judgment within the District Court's jurisdiction. Where a plaintiff succeeds on one issue but fails on numerous other issues generating substantial costs, departure from the costs-follow-the-event rule under UCPR r 42.1 may be justified.