› where the plaintiff relies on Morningstar factors
› where the first defendant submits that a costs order at this stage in the proceedings would stultify his defence and cross-claim and function to punish him
› HELD
› on balance the default position under Uniform Civil Procedure Rules 2005 (NSW) r 42.7 applies
Costs
› party/party
› general rule that costs follow the event
› application of the rule and discretion under Civil Procedure Act 2005 (NSW) s 98
› where the plaintiff submits that costs should be payable as a gross sum
› where a contested assessment of costs would expose the plaintiff to irrecoverable expense, delay and aggravation
› HELD
› gross sum costs awarded
Judgments and Orders
› amending, varying and setting aside
› where the cross-claimant submits that the principal judgment failed to account for the filing of a Notice of Intention to Appeal in respect of related proceedings
› where no Notice to Appeal has been lodged and the cross-claimant is out of time to do so
