Price v Price [2020] NSWCA 312

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Price v Price [2020] NSWCA 312 Hearing dates: 25 September 2020 Date of orders: 2 December 2020 Decision date: 02 December 2020 Before: Basten JA at [1]; Macfarlan JA at [2]; Meagher JA at [48] Decision: (1) Grant leave to appeal. (2) Set aside the costs order, being Order 6, made by Pembroke J on 6 February 2020. (3) Note that no order is made as to the costs of the proceedings at first instance. (4) Order the respondents to pay the applicant's costs of the proceedings in this Court. Catchwords: APPEAL – application for leave to appeal from a costs order – amount in issue substantially less than $100,000 – proper administration of justice required a grant of leave COSTS – party/party – rule in UCPR r 42.1 that costs prima facie follow the event – orders made by consent without contest or hearing as to the merits – no event for the purposes of UCPR r 42.1 – respondents' commencement of proceedings precipitous – applicant did not act unreasonably – no order made as to first instance costs Legislation Cited: Guardianship Act 1987 (NSW), s 6L Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: CAC v Secretary, Department of Family and Community Services (No 2) [2015] NSWSC 344 Macedonian Church v Eminence Petar (2008) 237 CLR 66; [2008] HCA 42 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Principal judgment Parties: Mary Price (Applicant) Christopher Charles Price (First Respondent) Elizabeth Therese Macri (Second Respondent) Elisabeth Christine Theodore (Third Respondent) Representation: Counsel: M Condon SC (Applicant) L Fermanis (Respondents)