DGF Property Holdings Pty Limited v Di Federico (No 5) [2021] NSWSC 840

Supreme Court New South Wales

Medium Neutral Citation: DGF Property Holdings Pty Limited v Di Federico (No 5) [2021] NSWSC 840 Hearing dates: 27 April 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Equity Before: Emmett AJA Decision: In proceedings 2015/105403, order that: 1. Judgment be entered for the plaintiff in the sum of $53,660.86 together with prejudgment interest from 16 June 2017. 2. The first and second defendants, Enzo and Franca Di Federico, pay the plaintiff's costs on the ordinary basis up until 23 March 2018. 3. The plaintiff pay the first and second defendants' costs of the directions hearings of 23 August 2018 and 30 August 2018. 4. There be no other order for costs. 5. Liberty to apply be reserved. In proceedings 2016/246532, order that: 1. The plaintiff pay the costs of the sixteenth and seventeenth defendants, Enzo and Franca Di Federico, on the ordinary basis up until 24 July 2018. 2. There be no further order for costs. 3. Liberty to apply be reserved. Catchwords: COSTS — party/party — specific court rules in relation to costs — action which should have been brought in inferior court — significance of concurrent proceedings and jurisdiction of the District Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Conveyancing Act 1919 (NSW), s 66ZL Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 42.34 Cases Cited: DGF Property Holdings Pty Limited v Di Federico [2018] NSWSC 344 DGF Property Holdings Pty Limited v Di Federico (No 2) [2018] NSWSC 1137 DGF Property Holdings Pty Limited v Di Federico (No 3) [2020] NSWSC 510 DGF Property Holdings Pty Limited v Di Federico (No 4) [2021] NSWSC 157 Category: Costs Parties: Proceedings 2015/105403 DGF Property Holdings Pty Limited (Plaintiff) Enzo Di Federico (First Defendant) Franca Di Federico (Second Defendant)