Luigi Iacullo v Remly Pty Limited and Dominic Iacullo and Lillian Iacullo (No 2) [2012] NSWSC 273

Luigi Iacullo v Remly Pty Limited and Dominic Iacullo and Lillian Iacullo (No 2) [2012] NSWSC 273

An order for costs to be assessable forthwith is appropriate where there is substantial separation between the plaintiff's claim and the defendants' cross-claim, and where the plaintiff's claim has been completed and determined as a discrete issue.

Parties
Plaintiff: Luigi Iacullo; First Defendant: Remly Pty Ltd; Second Defendant: Dominic Iacullo; Third Defendant: Lillian Iacullo
Jurisdiction
Australia
Judgment Date
26 March 2012
Procedural Posture
Civil / Post Judgment Costs Orders
Outcome
Plaintiff's claim dismissed. Plaintiff to pay Defendants' costs. Orders as to assessment and dissolution of caveats/injunctions.
Legal Topics
Assessment of Costs, Stay of Costs Order, Separation of Claims, Cross Claim
Equity Costs Assessment of Costs Stay of Costs Order Separation of Claims Cross Claim

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Parties

Luigi Iacullo

Plaintiff

Remly Pty Ltd

First Defendant

Dominic Iacullo

Second Defendant

Lillian Iacullo

Third Defendant

Procedural Posture

Civil / Post Judgment Costs Orders

Legal Issues

  1. 1 Whether costs should be assessed forthwith following dismissal of claim
  2. 2 Whether assessment of costs should be stayed pending determination of Cross-Claim
  3. 3 Separation between claim and Cross-Claim for costs assessment purposes

Ratio Decidendi

An order for costs to be assessable forthwith is appropriate where there is substantial separation between the plaintiff's claim and the defendants' cross-claim, and where the plaintiff's claim has been completed and determined as a discrete issue.

Court Disposition

Plaintiff's claim dismissed. Plaintiff to pay Defendants' costs. Orders as to assessment and dissolution of caveats/injunctions.

Orders

  • The Plaintiff's claim is dismissed.
  • The Plaintiff to pay the Defendants' costs of the Plaintiff's claim.