EB v GB [2020] NSWSC 1291

Supreme Court New South Wales

Medium Neutral Citation: EB v GB [2020] NSWSC 1291 Hearing dates: 20 August 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Order in terms of prayer 1 of the amended notice of motion filed by the defendants on 3 June 2020. (2) Order in terms of prayer 1 of the notice of motion filed by the applicant to that notice of motion on 20 August 2020. (3) Grant leave to the parties to the proceedings and the applicant to the notice of motion filed on 20 August 2020 to relist the proceedings by arrangement with the Associate to Robb J on three days' notice for the purpose of making any further application in respect of the use of documents produced for the purpose of these proceedings. (4) Order the respondent to the amended notice of motion filed by the defendants on 3 June 2020 to pay the costs of the notice of motion as amended on and from the first return date of the notice of motion. (5) Order that there be no order for the costs of the notice of motion filed on 20 August 2020 with the intent that the parties to that notice of motion shall bear their own costs. Catchwords: CIVIL PROCEDURE — Harman undertaking — where it is in the interests of the proper administration of justice that the Court should facilitate the making of legitimate disciplinary complaints — release granted COSTS — Party/Party — Costs orders in interlocutory proceedings — where, in the circumstances, it is just that the defendants' costs should be paid on and from the first return date Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Papantoniou v Stonewall Hotel Pty Ltd [2018] NSWCA 85; (2018) 19 BPR 38,547 Category: Consequential orders Parties: GB (first applicant) SB (second applicant) RB (third applicant) FA (respondent) Representation: Counsel: M Condon SC (applicants) A Fernon (respondent)