Watson v Watson [2021] NSWSC 1544

Supreme Court New South Wales

Medium Neutral Citation: Watson v Watson [2021] NSWSC 1544 Hearing dates: On the papers Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Equity Before: Darke J Decision: See at [11]. Catchwords: COSTS – proceedings to sell co-owned property under section 66G of the Conveyancing Act 1919 (NSW) – proceedings settled save as to costs – settlement agreement contemplated a subdivision of co-owned property and sale of one of the subdivision lots – where no determination on the merits – where neither party acted unreasonably – where costs of section 66G application usually taken from the proceeds of sale of co-owned property – held that each party's costs to be paid out of the sale proceeds of the proposed subdivision lot Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Uniform Civil Procedure Rules 2005, r 36.15 Cases Cited: David Ian Mansfield, the Trustee of the Property of Thi Ngoc Hahn Son, A Bankrupt v Tia [2021] NSWSC 1080 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Stibbard-Leaver v Leaver [2021] NSWSC 65 Category: Costs Parties: Aaron Robert Watson (Plaintiff) Warren Geoffrey Watson (Defendant) Representation: Counsel: Mr D Allen (Plaintiff) Mr G Carolan (Defendant)

Solicitors: Catalyst Legal (Plaintiff) Bilbie Faraday Harrison Solicitors (Defendant) File Number(s): 2021/17049 Publication restriction: None