MTH v Croft [2021] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: MTH v Croft [2021] NSWSC 727 Hearing dates: 17 June 2021 Decision date: 21 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) In the event that the plaintiff obtains judgment against Geoffrey Croft (the first defendant in these proceedings and the second defendant in proceedings 2020/113788) in proceedings 2020/113788, Geoffrey Croft is to pay the plaintiff's costs of these proceedings. Catchwords: COSTS — Plaintiff seeking order for costs of the summons proceedings — Separate damages proceedings brought by the plaintiff — Court's discretion to award costs in favour of one party when there has been no final judicial determination on the merits — Consideration of the overriding purpose of the Civil Procedure Act 2005 (NSW) to facilitate the just, quick and cheap resolution of the real issues in the proceedings — Proceedings brought for the purpose of protecting the plaintiff's interest in the enforcement of any judgment for the plaintiff in the damages proceedings — Order that costs of the summons proceedings are to be the plaintiff's costs in the cause Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Conveyancing Act 1919 (NSW), s 37A Uniform Civil Procedure Rules 2005 (NSW), r 25.14 Cases Cited: His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated (No 2) [2007] NSWCA 142 Jackson v Sterling Industries Ltd (1987) 162 CLR 612; [1987] HCA 23 MTH v Croft [2020] NSWSC 986 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Riley McKay Pty Ltd v McKay [1982] 1 NSWLR 264 Third Chandris Shipping Corporation v Ultramarine SA [1979] QB 645 Category: Costs Parties: MTH (Plaintiff) Geoffrey Croft (First Defendant) Sandra June Croft (Second Defendant) Representation: Counsel: A Reid (Plaintiff) M J Davis / A Gauja (First and Second Defendant)