Guha v Guha [2020] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: Guha v Guha [2020] NSWSC 1337 Hearing dates: On the papers Decision date: 01 October 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Direct the plaintiff to provide to the NSW Trustee within 7 days a copy of the document(s) issued by the Legal Aid Commission confirming the dates on which legal aid was granted to the plaintiff in relation to the proceedings and in relation to the plaintiff's tutor in relation to the notice of motion filed by the NSW Trustee on 22 July 2020 in these proceedings. 2. Order the plaintiff and the plaintiff's tutor jointly and severally to pay the costs of the proceedings of the NSW Trustee (excluding the costs of the notice of motion filed on 22 July 2020) on the ordinary basis for the period up to and including 30 June 2020, such costs to be fixed in the sum of $3,200.00 and to be payable forthwith; and order the plaintiff's tutor personally to pay the balance of the NSW Trustee's said costs of the proceedings from 30 June 2020, such costs to be fixed in the sum of $1,900.00 and to be payable forthwith. 3. Order the plaintiff's tutor to pay the costs of the NSW Trustee of and incidental to the notice of motion filed on 22 July 2020, including costs of its preparation from 12 July 2020, up to and including 2 September 2020 on the ordinary basis, such costs to be fixed in the sum of $950.00 and to be payable forthwith. 4. Grant the NSW Trustee liberty to apply to vary the amount of the lump sum costs orders if one or both of the dates on which legal aid was granted is, (or are) not in accordance with the plaintiff's submissions on the present application. 5. List the matter for directions before the Equity Registrar on 7 October 2020. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Unnecessary joinder of party — Costs order against legally assisted person — Costs order against tutor personally — Gross sum costs Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60, 98, 99 Legal Aid Commission Act 1979 (NSW), s 47 NSW Trustee and Guardian Act 2009 (NSW) Real Property Act 1900 (NSW), pt 7A Uniform Civil Procedure Rules 2005 (NSW), rr 6.29, 42.1, 42.5 Cases Cited: Bahamad v Wong [2020] NSWSC 991 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd (No 2) [2009] NSWCA 12 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225; [1993] FCA 801 Collins & the Victorian Legal Aid Commission (1984) FLC 91-508 Degmam Pty Ltd (In Liq) v Wright (No 2) [1983] 2 NSWLR 354 Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 Giles v Silipo (Supreme Court (WA) 1998, unrep) Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales [2002] FCA 424 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Harrison v Schipp [2001] NSWCA 13 Hillebrand v Penrith Council [2000] NSWSC 1058 In the Marriage of Millea and Duke (1995) 122 FLR 449; FLC 92-584 Ingot Capital Investment v Macquarie Equity Capital Markets (No 7) [2008] NSWSC 199 Kelly v Jowett (2009) 76 NSWLR 405; [2009] NSWCA 278 Leichhardt Municipal Council v Green [2004] NSWCA 341 Liverpool City Council v Estephan Estephan [2009] NSWCA 161 Mead v Watson [2005] NSWCA 133 Ng v Chong [2005] NSWSC 385 NMFM Property Pty Ltd v Citibank Ltd (No 2) (Court's "NMFM" Judgment No 11) (2001) 109 FCR 77; [2001] FCA 480 Nowlan v Marson Transport Ltd (2001) 53 NSWLR 116; [2001] NSWCA 346 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Penson v Titan National Pty Ltd (No 3) [2015] NSWCA 121 Reliance Financial Services Pty Ltd v Altair Investments Pty Ltd [2020] NSWSC 1138 Smith v Sydney West Area Health Service (No 2) [2009] NSWCA 62 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Westpoint Finance Pty Ltd v Chocolate Factory Apartments Ltd [2002] NSWCA 287 Yakmore v Hamdoush (No 2) (2009) 76 NSWLR 148; [2009] NSWCA 284 Category: Costs Parties: Sreyashi Guha by her tutor Debadrita Guha (Plaintiff) Samadrita Guha (First Defendant) NSW Trustee and Guardian (Second Defendant) Representation: Solicitors: King Legal (Plaintiff) S Guha (First Defendant) (Self Represented) NSW Trustee and Guardian (Second Defendant) File Number(s): 2019/00358479 Publication restriction: Nil