SE by her tutor AH v Grech (No 2) [2020] NSWDC 529

District Court New South Wales

Medium Neutral Citation: SE by her tutor AH v Grech (No 2) [2020] NSWDC 529 Hearing dates: 08 September 2020 Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's application for the defendant to pay her costs refused. (2) Defendant's application for the plaintiff to pay his costs (on the indemnity or ordered basis) refused. (3) Defendant's alternative application for each party to pay their own costs of these proceedings granted. Catchwords: COSTS – damages of $0 awarded in assessment hearing following a claim for personal injury – costs awards in nominal claims – whether plaintiff should be ordered to pay defendant's costs – whether plaintiff should have "commenced and continued" proceedings in the District Court (Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") r 42.35(2)) – order for each party to pay their own costs of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) ss 60, 98(1)(a) Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.35 Cases Cited: Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 WLR 394 Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Barescape Pty Limited as trustee for the V's Family Trust & Anor v Bacchus Holdings Pty Limited as trustee for The Bacchus Holdings Trust & Anor (No 12) [2012] NSWSC 1591 Carvajal v Lamba (No 2) [2019] NSWDC 333 Faical Majzoub v Kwon S Hang (22 July 2019) Gladio Pty Ltd v Buckworth (No.2) [2015] NSWSC 1462 Harrison v Schipp (2002) 54 NSWLR 738 O'Reilly v Western Sussex NHS Trust (No.7) [2015] NSWSC 233 Kandil by his tutor Kandil v Halliday [2017] NSWDC 327 Moubarak v Le No 2) [2019] NSWDC 170 Northern Territory v Sangare [2019] HCA 25; 265 CLR 164; 93 ALJR 959; 372 ALR 117; 60 Fam LR 71 Ohn v Walton (1995) 36 NSWLR 77 SE by her tutor AH v Grech [2020] NSWDC 474 Tartak by her tutor Tartak v Zada [2017] NSWDC 330 Thiess Contractors Pty Ltd v Placer (Granny Smith) Pty Ltd [2001] WASCA 166 Witcombe v Talbot & Oliver (No 2) [2009] WASC 173 Texts Cited: G E Dal Pont, Law of Costs (4th edition, LexisNexis), 2018 Category: Procedural and other rulings Parties: Plaintiff: SE by her tutor AH Defendant: Alesha Ann Grech Representation: Counsel: Plaintiff: Mr J Jobson Defendant: Mr A. J. J. Renshaw