Dee Why Auto Clinic and Anor v Roads and Maritime Services (No 2) [2017] NSWSC 478

Dee Why Auto Clinic and Anor v Roads and Maritime Services (No 2) [2017] NSWSC 478

Costs before the Supreme Court should follow the event; Roads and Maritime Services is the Crown and is not entitled to an indemnity certificate; costs of the motion should follow the event; costs of Local Court proceedings are to be determined after finality by the Magistrate.

Parties
First Plaintiff: Dee Why Auto Clinic; Second Plaintiff: Armen Rostamians; Defendant: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Appeal / Post Judgment Orders on Costs
Outcome
Orders made regarding costs following the appeal.
Legal Topics
Costs, Appeal, Indemnity Certificates, Crown Status
Practice and Procedure Costs Appeal Indemnity Certificates Crown Status

Case Brief

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Parties

Dee Why Auto Clinic

First Plaintiff

Armen Rostamians

Second Plaintiff

Roads and Maritime Services

Defendant

Procedural Posture

Appeal / Post Judgment Orders on Costs

Legal Issues

  1. 1 Whether costs should follow the event in appeal
  2. 2 Entitlement of the defendant to an indemnity certificate under Suitors Fund Act 1951 (NSW)
  3. 3 Whether Roads and Maritime Services is 'the Crown' for purposes of costs

Ratio Decidendi

Costs before the Supreme Court should follow the event; Roads and Maritime Services is the Crown and is not entitled to an indemnity certificate; costs of the motion should follow the event; costs of Local Court proceedings are to be determined after finality by the Magistrate.

Court Disposition

Orders made regarding costs following the appeal.

Orders

  • The plaintiffs are to pay the defendant's costs of the plaintiffs' notice of motion of 23 February 2017 as agreed or assessed.
  • The defendant is to pay the plaintiffs' costs of the proceedings before this Court as agreed or assessed.