Ida Wolff bht Steven Binetter v Binetter (No 2) [2021] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: Ida Wolff bht Steven Binetter v Binetter (No 2) [2021] NSWSC 1445 Hearing dates: On the papers Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) The plaintiff pay the defendant's costs of the proceedings save for the costs in relation to the dispute about costs after judgment was delivered; (2) There be no order for costs in relation to the dispute about costs after judgment was delivered; (3) The funds paid into Court by the plaintiff as security for the defendant's costs and any interest paid thereon be released to the defendant; (4) Order 3 be stayed up to and including 10 December 2021. Catchwords: COSTS – no question of principle Cases Cited: E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296 Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1249 Steven Binetter as the representative of the Estate of the Late Ida Wolff v Ronald Binetter [2020] NSWSC 552 Category: Costs Parties: Ida Wolff by her tutor Steven Binetter (Plaintiff) Ronald Binetter (Defendant) Representation: Counsel: D Studdy SC; C Freeman (Plaintiff) G Sirtes SC; C O'Neill (Defendant)

Solicitors: Braddon Marx Solicitors (Plaintiff) Eakin McCaffery Cox (Defendant) File Number(s): 2018/166618

Judgment 1. On 1 October 2021, I dismissed the proceedings and made orders for the parties to confer about the appropriate costs order and for the filing of submissions in relation to costs (Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1249). The parties could not agree on the appropriate costs order and filed submissions accordingly. 2. The defendant sought an order for costs on the ordinary basis up to and including 31 March 2020, and on an indemnity basis thereafter. He also sought an order for the immediate release of the funds paid into Court as security for costs, with any accrued interest, as well as for the payment of interest on costs. 3. The plaintiff accepted that it was appropriate to make an order that he pay the defendant's costs on the ordinary basis. However, he resisted any indemnity costs order and the release of any security until costs were assessed.