Dubow v Mid-Western Regional Council [2021] NSWSC 767

Supreme Court New South Wales

Medium Neutral Citation: Dubow v Mid-Western Regional Council [2021] NSWSC 767 Hearing dates: On the papers Decision date: 25 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Confirm order (3) made on 16 June 2021 that the plaintiff pay the defendant's costs of the proceedings and order that such costs include the costs of the application for costs. (2) Grant liberty to the Council to apply for an order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) that the costs be paid in a gross sum, and direct that any such application be made in writing to my Associate within 14 days hereof, with the intention that it be determined on the papers. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application made by plaintiff for a different order — The impecuniosity of a party is not a ground for refusing to make an order for costs against that party — The existence of parallel proceedings by the same parties in a different forum do not bear on the costs order made by this Court — No relationship between pre-proceedings offers and the defendant's success in these proceedings — Plaintiff's entitlement to receive advice pro bono provides no reason to displace the general rule — No relevant disproportionality Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Civil Procedure Regulation 2017 (NSW), cl 12 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Dubow v Mid-Western Regional Council [2021] NSWSC 699 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Sassoon v Rose [2013] NSWCA 220 Category: Costs Parties: Yolande Dubow (Plaintiff) Mid-Western Regional Council (Defendant) Representation: Counsel: In person (Plaintiff) S Fitzpatrick (Defendant)