Sciacca v Langshaw Valuations Pty Ltd (No 2) [2013] NSWSC 1476

Sciacca v Langshaw Valuations Pty Ltd (No 2) [2013] NSWSC 1476

The third defendant, having been unsuccessful in its application, should pay the plaintiffs' costs of the motion and the amended motion. While both parties' conduct may have contributed to procedural inefficiency, there was insufficient unreasonableness to warrant any denial or modification of ordinary costs consequences.

Parties
First Plaintiff: Frank Sciacca; Second Plaintiff: Maura Spresian; Third Plaintiff: Rosie Iannelli; Third Defendant: Vero Insurance Ltd
Jurisdiction
Australia
Judgment Date
08 October 2013
Procedural Posture
Civil / Costs Determination After Refusal of Summary Dismissal
Outcome
Costs order made against third defendant
Legal Topics
Costs, Summary Dismissal, Separate Questions
Civil Procedure Costs Summary Dismissal Separate Questions

Case Brief

Summary, issues, holding and outcome

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Parties

Frank Sciacca

First Plaintiff

Maura Spresian

Second Plaintiff

Rosie Iannelli

Third Plaintiff

Vero Insurance Ltd

Third Defendant

Procedural Posture

Civil / Costs Determination After Refusal of Summary Dismissal

Legal Issues

  1. 1 Whether the third defendant should pay the plaintiffs' costs of the motion and amended motion
  2. 2 Appropriateness of costs orders forthwith
  3. 3 Reasonableness of each party's conduct in the interlocutory procedural history

Ratio Decidendi

The third defendant, having been unsuccessful in its application, should pay the plaintiffs' costs of the motion and the amended motion. While both parties' conduct may have contributed to procedural inefficiency, there was insufficient unreasonableness to warrant any denial or modification of ordinary costs consequences.

Court Disposition

Costs order made against third defendant

Orders

  • Order the third defendant to pay the plaintiffs' costs of the motion filed on 20 August 2012 and the amended motion filed on 12 July 2013, including the costs of the hearing on 4 October 2013.