Kleiner v Randall [2006] NFSC 3

SUPREME COURT OF NORFOLK ISLAND

Kleiner v Randall [2006] NFSC 3 COSTS - application for costs against persons who were not parties to the proceedings - proceedings on behalf of other persons - discretionary power to order a non-party to pay costs - order is exceptional relief - non-participating beneficiaries having interest in the outcome of the proceedings - whether sufficient - proof of threshold issue of parties' impecuniosity - when needs to be established - whether liberty to apply - needs to finalise proceedings.

Statutes Supreme Court Act 1960 (Norfolk Island) s 6 Judicature Act 1890 (Vic) s 5

Cases Bischof v Adams [1992] 2 VR 198 Cited Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Followed Knight v FP Special Assets Limited (1992) 174 CLR 178 Cited RICHARD AARON KLEINER v FRANKLIN ERNEST RANDALL and KEVIN RANDALL SC10 OF 2004 KIEFEL J BRISBANE 22 MARCH 2006

IN THE SUPREME COURT

OF NORFOLK ISLAND SC10 OF 2004

BETWEEN: RICHARD AARON KLEINER

PLAINTIFF

AND: FRANKLIN ERNEST RANDALL

FIRST DEFENDANT

KEVIN RANDALL

SECOND DEFENDANT

JUDGE: KIEFEL J

DATE OF ORDER: 22 MARCH 2006

WHERE MADE: BRISBANE

THE COURT DECLARES THAT: 1. In respect of the land described as Portion 13p of Section 11: - (a) Any right and title of the estate of John Forrester Young deceased is extinguished; (b) The first and second defendants are the owners of that part of the land which is described as Portion 13p1 on the attached sketch plan number 10517 - 3 subject to registration of formal survey plan: and (c) The Registrar of Lands is hereby directed after registration of the plans to issue a certificate of title of freehold in the names of the first and second defendants as tenants in common in equal shares free of all encumbrances subject to all usual reservations to the Crown (if any). 2. In respect of the land described as Portion 13r of Section 11: - (a) Any right and title of the estate of John Forrester Young deceased is extinguished; (b) The first and second defendants are the owners of that part of the land which is described as Portion 13r1 on the attached sketch plan number 10517 -3 subject to registration of formal survey plans; and (c) The Registrar of Lands is hereby directed after registration of the plans to issue a certificate of title of freehold in the names of the first and second defendants as tenants in common in equal shares free of all encumbrances subject to all usual reservations to the Crown (if any).