Eliezer v Sydney Water Corporation (No. 2) [2021] NSWDC 111

District Court New South Wales

Medium Neutral Citation: Eliezer v Sydney Water Corporation (No. 2) [2021] NSWDC 111 Hearing dates: On the papers Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 44 Catchwords: COSTS – whether any disentitling conduct by successful party to usual entitlement to costs – application by successful defendant – lump sum costs order Legislation Cited: Civil Procedure Act 2005 (NSW) ss 29, 59, 60, 98 Evidence Act 1995 (NSW) s 48, 69 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Bahamad v Wong [2020] NSWSC 991 Eliezer v Sydney Water Corporation [2020] NSWDC 66 Harrison v Schipp (2002) 54 NSWLR 738 Northern Territory v Sangare (2019) 93 ALJR 959; [2019] HCA 25 Texts Cited: Nil Category: Costs Parties: Sydney Water Corporation (applicant) Ms S Eliezer (respondent) Representation: Solicitors: Plaintiff appeared in person Manion McCosker Solicitors and Attorneys for the defendant File Number(s): 2020/212141 Publication restriction: Nil

REASONS FOR Judgment

Background 1. On 16 March 2021, I published reasons for my dismissing a summons, through which the plaintiff appealed against a decision of the Local Court of Sutherland [1] . I gave the parties opportunity to make submissions on costs. 2. By notice of motion filed on 18 March 2021, the successful defendant applied for an order, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) ('the Act'), for a specified gross sum, being in the amount of $5,382, with such amount incorporating also the costs of the motion. 3. The plaintiff, the respondent to that motion, opposes that application and indeed, submits that there should be no order as to costs. This course was originally foreshadowed in her written submissions filed on 15 March 2021 and was confirmed in her written submissions dated 29 March 2021. 4. Since the plaintiff's submission that the defendant is not entitled to any costs would, if accepted, obviate any need to consider the defendant's application, I will consider it first.