Stojanovski v Stojanovski (No 3) [2020] NSWSC 1540

Supreme Court New South Wales

Medium Neutral Citation: Stojanovski v Stojanovski (No 3) [2020] NSWSC 1540 Hearing dates: 11 and 12 August 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Jurisdiction: Equity Before: Robb J Decision: See par [309]. Catchwords: COSTS — Party/Party — where there has been long and protracted litigation over many years — where there have been several amendments to the statement of claim — where parties have been joined to the proceedings at different times — where some parties were self-represented — where the plaintiff was made a representative of the deceased estate under r 7.10(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW) — where, upon bankruptcy, trustees were appointed for a party — where parties had varying degrees of success between themselves — where several elements of the broader matter were resolved by various Justices of the Supreme Court of New South Wales — where there was associated proceedings in the Federal Court of Australia — where the Court makes bespoke orders as between the parties with reference to the relevant context — costs orders of different types made — final orders made COSTS — Party/Party — Self represented litigant — What costs may be ordered COSTS — Party/Party — Payable out of a fund — Deceased estate — where beneficiary sought an order under r 7.10(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW) — where, in the circumstances, the representative of the deceased estate should not be granted indemnity costs out of the estate COSTS — Party/Party — Orders when proceedings involve multiple parties — How parties liable COSTS — Party/Party — Bases of quantification — Factors relevant to the court's discretion when quantifying costs COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion COSTS — Party/Party — Costs orders in interlocutory proceedings Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Family Provision Act 1982 (NSW) Income Tax Assessment Act 1997 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Wills, Probate and Administration Act 1898 (NSW) Cases Cited: Almona Pty Ltd v Parklea Corporation Pty Ltd (No 4) [2020] NSWSC 553 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Chen v Chan (No 2) [2009] VSCA 233 Daemar v Industrial Commission of New South Wales (No 2) (1990) 22 NSWLR 178 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52; [2007] HCA 56 Foyster v Australia & New Zealand Banking Group Ltd [1999] NSWSC 300 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142 James v Royal Bank of Scotland; McKeith v Royal Bank of Scotland (No 2) [2015] NSWSC 970 Kison v Papasian (1994) 61 SASR 567; [1994] SASC 4476 Nathan Elali (a bankrupt) v Mahrs [2013] NSWSC 1883 National Trustees Executors and Agency Company of Australasia Ltd v Barnes (1941) 64 CLR 268; [1941] HCA 3 Pegler v Dale (1975) 1 NSWLR 265 Re Diplock [1948] Ch 465 Re Estate Late Hazel Ruby Grounds; Page v Sedawie [2005] NSWSC 1311 Re Estate of Hodges (deceased); Shorter v Hodges (1988) 14 NSWLR 698 Re Galtari Pty Ltd (in liq) [2018] NSWSC 917 Stojanovski v Stojanovski [2013] NSWSC 1491 Stojanovski v Stojanovski [2019] NSWSC 1713Thistlethwayte v Gender Estates Pty Ltd (1976) 8 ALR 700 Walton v Walton [2015] NSWSC 405 Texts Cited: Halsbury's Laws of Australia (2005, Online, LexisNexis Butterworths) J R Martyn and N Caddick, Williams, Mortimer and Sunnucks, Executors, Administrators and Probate (20th ed, 2013, Sweet & Maxwell) G E Dal Pont, Law of Costs (4th ed, 2018, LexisNexis Butterworths) Ritchie's Uniform Civil Procedure NSW (2005, Looseleaf, LexisNexis Butterworths) Category: Costs Parties: Steven Stojanovski (plaintiff) Robert Stojanovski (first defendant) Jovanka Stojanovski (second defendant) Jordan Stojanovski (third defendant) Angelina Stojanovski (fourth defendant/cross-defendant) Fabian Kane Micheletto (fifth defendant/first cross-claimant) Michael Carrafa (sixth defendant/second cross-claimant) Representation: Counsel: B Coles QC / C Bevan (plaintiff) J Stojanovska (self) (second defendant) A Fernon (fourth defendant / cross-defendant) S Golledge SC (fifth and sixth defendants / first and second cross-claimants)