Phillips v Tobias Partners Pty Ltd (No 2) [2013] NSWSC 653

Given the agreement of the parties and the absence of a principle at issue regarding costs, each party should pay their own costs; a declaration is made allowing set-off for the mathematical error identified.

Jurisdiction: Australia
Judgment Date: 30 May 2013
Procedural Posture: Consequential Orders / Post Judgment Determination of Costs and Final Orders
Outcome: Summons and cross summons dismissed - each party to pay their own costs; declaration as to set-off against Local Court order.
Legal Topics: ['costs']

['common Law'] ['costs']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Consequential Orders / Post Judgment Determination of Costs and Final Orders

Legal Issues

1 ['Whether each party should pay their own costs' 'How to address a mathematical error in the Local Court judgment' 'Whether any further orders were needed in relation to funds paid into Court']

Ratio Decidendi

Court Disposition

Summons and cross summons dismissed - each party to pay their own costs; declaration as to set-off against Local Court order.

Orders

["The Plaintiff's summons is dismissed." "The Defendant's cross summons is dismissed." 'Declare that the Plaintiff is entitled to deduct from the amount he is required to pay to the defendant pursuant to the costs order made by the Local Court on 20 July 2012 the sum of $2,612.50 together with interest on that sum...