Chetwynd v Rose (No 2) [2020] NSWSC 870

Supreme Court New South Wales

Medium Neutral Citation: Chetwynd v Rose (No 2) [2020] NSWSC 870 Hearing dates: On the papers - written submissions 13, 19 and 20 March, 6 May, 7 June and 1 July 2020 Decision date: 07 July 2020 Jurisdiction: Equity Before: Kunc J Decision: See paragraph [5] Catchwords: COSTS — Party/Party — Bases of quantification — Factors relevant to the court's discretion when quantifying costs — Gross sum costs order COSTS — Party/Party — Bases of quantification — Indemnity basis — Where self-represented plaintiffs properly advised should have understood proceedings likely to fail — Where conduct of self-represented plaintiffs unreasonably lengthened proceedings and complicated issues COSTS — Party/Party — Orders when proceedings involve multiple parties — How parties liable — Liability as between natural plaintiffs and corporate plaintiff controlled by them JUDGMENTS AND ORDERS — Interest — Recoverability — Time from which interest is payable — Not limited to when cause of action arose —Factors relevant to court's discretion — Civil Procedure Act 2005 (NSW), s 100(1)(b) LAND LAW — Co-ownership — Statutory trust for sale — Order for sale on terms — Adjustments between co-owners before proceeds of sale distributed — Conveyancing Act 1919 (NSW), s 66G Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chetwynd v Rose [2020] NSWSC 111 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Jack Brabham Engines Ltd v Beare [2010] FCA 1096 Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd [2008] NSWSC 1344; (2008) 74 NSWLR 550 Probiotec Limited v The University of Melbourne [2008] FCAFC 5; (2008) 166 FCR 30 Screenco Pty Ltd v RL Due Pty Ltd [2003] NSWCA 319; (2003) 58 NSWLR 720 Category: Costs Parties: Brian Chetwynd (First Plaintiff) Jill Chetwynd (Second Plaintiff) Wincot Pty Ltd (Third Plaintiff)