Hans-Egon Bruno Bernhard Metzner & Anor v Jaqueline Rita Metzner [2021] NSWSC 1565

Supreme Court New South Wales

Medium Neutral Citation: Hans-Egon Bruno Bernhard Metzner & Anor v Jaqueline Rita Metzner [2021] NSWSC 1565 Hearing dates: On the papers Date of orders: 29 November 2021 Decision date: 29 November 2021 Jurisdiction: Equity - Real Property List Before: Rein J Decision: See [18] Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Application by both Plaintiffs and Defendant for costs — Both Plaintiffs and Defendant submit that they were successful in the outcome of the proceedings — Consideration of the relevant "event" pursuant to which costs should follow — Plaintiffs failed on all aspects of their pleaded case and the Defendant was successful on her alternative defence — The alternative defence produced a limited degree of success to the Plaintiffs, even though that case had not been advanced by them — The Defendant's success is the "event" which costs should follow — Reduction in award of costs in the exercise of the Court's discretion in recognition of the Plaintiffs' partial success — Held: Plaintiffs to pay 70% of the Defendant's costs Legislation Cited: Nil Cases Cited: Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Gray v Richards (No 2) [2014] HCA 47; (2014) 89 ALJR 113 Hans-Egon Bruno Bernhard Metzner & Anor v Jaqueline Rita Metzner [2021] NSWSC 1336 Hogan v Trustees of the Roman Catholic Church (No. 2) [2006] NSWSC 74 James & Ors v Surf Road Nominees Pty Limited & Ors [2005] NSWCA 296 Texts Cited: Nil Category: Costs Parties: Hans-Egon Bruno Bernhard Metzner (First Plaintiff) Rita Elisabeth Metzner (Second Plaintiff) Jaqueline Metzner (Defendant) Representation: Counsel: Mrs KJ Young (Plaintiffs)