Wilson v Gilles (No 2) [2020] NSWSC 658

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Gilles (No 2) [2020] NSWSC 658 Hearing dates: On the papers Date of orders: 01 June 2020 Decision date: 01 June 2020 Jurisdiction: Equity Before: Rees J Decision: No costs orders made. Catchwords: COSTS – indemnity costs sought payable forthwith – solicitors acting for wife – previously acted for husband and wife – dispute about trust monies held by solicitors for husband and wife – Law Society ethics guidance not followed – catalyst for husband's failed motion – no costs orders made. Legislation Cited: Family Law Act 1975 (Cth), s 117 Legal Profession Uniform Law (NSW), s 138 Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: Australiawide Airlines Ltd t/as Regional Express v Aspirion Pty Ltd [2006] NSWCA 365 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v Macedonian Orthodox Community Church St Petka Incorporated (No 2) [2007] NSWCA 142 Mundi v Hesse [2018] NSWSC 1548 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Verde Terra Pty Limited v Central Coast Council (No 5) [2020] NSWLEC 48 Wilson v Gilles [2020] NSWSC 657 Category: Costs Parties: Paul Wilson (Plaintiff) Joseph Gilles (First Defendant) Gregory Eliades (Second Defendant) Rena Wilson (Third Defendant) Representation: Counsel: Mr G George (Plaintiff) Mr L Fermanis (First and Second Defendants) Mr J Horowitz (Third Defendant)