Tout v Johnson (No 2) [2021] NSWSC 1543

Supreme Court New South Wales

Medium Neutral Citation: Tout v Johnson (No 2) [2021] NSWSC 1543 Hearing dates: On the papers Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Equity Before: Darke J Decision: See at [9] and [13]. Catchwords: COSTS – departure from the general rule – where plaintiff unsuccessful in obtaining relief at final hearing – whether costs of various interlocutory applications warrant a departure from the general rule – held that some departure warranted – order that defendants pay certain costs and otherwise that the plaintiff pay the costs of the proceedings COSTS – gross sum order – held the evidence does not establish likelihood that the plaintiff will be unable to pay defendants' costs once assessed – held that evidence does not place Court in position to be confident it could resolve challenges about amount of costs on a fair and logical basis – gross sum costs order declined Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Conveyancing Act 1919 (NSW), s 88K Cases Cited: Tout v Johnson [2021] NSWSC 1311 Category: Costs Parties: Michelle Tout (Plaintiff) Brendan Charles Johnson (First Defendant) Jodie Gail Williams (Second Defendant) The Office of the Registrar-General (Third Defendant) Representation: Counsel: Mr A Joseph (Plaintiff) Mr S Lipp (First and Second Defendants)

Solicitors: Lindeman Lawyers (Plaintiff) Downeys Lawyers Pty Ltd (First and Second Defendants) File Number(s): 2019/375183 Publication restriction: None