Strike v Fiji Resorts Limited & Anor (No 2) [2012] NSWSC 1514

Strike v Fiji Resorts Limited & Anor (No 2) [2012] NSWSC 1514

The agreed verdict amount for the Plaintiff against Fiji Resorts was $193,909. The Plaintiff was entitled to ordinary costs against Fiji Resorts, including the prudent holding writ costs only up to 1 October 2010 and the costs of the Notice of Motion. Yanuca was entitled to costs only for costs incurred after 1 March 2010 and separately from Fiji Resorts' costs. No Bullock or Sanderson order was warranted because, after the defendants' solicitors identified Fiji Resorts as owner by letter dated 30 March 2010 and subsequent affidavits confirmed Fiji Resorts' control, Fiji Resorts' conduct did not warrant retaining Yanuca as a defendant.

Jurisdiction
Australia
Judgment Date
06 December 2012
Procedural Posture
Occupiers Liability Claim / Ex Tempore Judgment on Quantum of Judgment and Costs Following Strike V Fiji Resorts Limited & Anor [2012] NSWSC 1271
Outcome
Judgment entered for the Plaintiff against the First Defendant in the agreed sum; judgment entered for the Second Defendant against the Plaintiff; costs orders made; Bullock or Sanderson order refused.
Legal Topics
['occupiers Liability' 'quantum of Damages' 'costs on the Ordinary Basis' 'bullock Order' 'sanderson Order' 'holding Writ' 'notice to Produce']
['tort' 'costs' 'civil Procedure'] ['occupiers Liability' 'quantum of Damages' 'costs on the Ordinary Basis' 'bullock Order' 'sanderson Order' 'holding Writ' 'notice to Produce']

Case Brief

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Procedural Posture

Occupiers Liability Claim / Ex Tempore Judgment on Quantum of Judgment and Costs Following Strike V Fiji Resorts Limited & Anor [2012] NSWSC 1271

Legal Issues

  1. 1 ['What judgment amount should be entered for the Plaintiff against the First Defendant following the liability judgment.' "Whether the Plaintiff's costs against the First Defendant should include costs of a holding writ issued in the Supreme Court of Fiji and costs of a Notice of Motion concerning production of documents." 'What costs order should be made in favour of the Second Defendant.' "Whether a Bullock or Sanderson order should be made in respect of the Second Defendant's costs."]

Ratio Decidendi

The agreed verdict amount for the Plaintiff against Fiji Resorts was $193,909. The Plaintiff was entitled to ordinary costs against Fiji Resorts, including the prudent holding writ costs only up to 1 October 2010 and the costs of the Notice of Motion. Yanuca was entitled to costs only for costs incurred after 1 March 2010 and separately from Fiji Resorts' costs. No Bullock or Sanderson order was warranted because, after the defendants' solicitors identified Fiji Resorts as owner by letter dated 30 March 2010 and subsequent affidavits confirmed Fiji Resorts' control, Fiji Resorts' conduct did not warrant retaining Yanuca as a defendant.

Court Disposition

Judgment entered for the Plaintiff against the First Defendant in the agreed sum; judgment entered for the Second Defendant against the Plaintiff; costs orders made; Bullock or Sanderson order refused.

Orders

  • ['Judgment for the Plaintiff against the First Defendant in the sum of $193,909.' 'Judgment for the Second Defendant against the Plaintiff.' "The First Defendant pay the Plaintiff's costs of the proceedings, such costs to include the costs of the holding writ issued by the Plaintiff in the Supreme Court of Fiji in...