Antonio Di Liristi v NSW Public Trustee and Anor [2021] NSWSC 1630

Supreme Court New South Wales

Medium Neutral Citation: Antonio Di Liristi v NSW Public Trustee and Anor [2021] NSWSC 1630 Hearing dates: On the papers Decision date: 14 December 2021 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See paras [12] – [14] Catchwords: COSTS — Party/Party — Costs follow the event Cases Cited: Kennedy v NSW Minister for Planning [2010] NSWLEC 269 Category: Costs Parties: Antonio Di Liristi (plaintiff) NSW Public Trustee (first defendant) NSW Public Guardian (second defendant) Representation: Counsel: Ms S Kaur Bains, M Auld (plaintiff) Mr R Bhalla (1 & 2 defs)

Solicitors: Darby Jones (plaintiff) Crown Solicitors NSW (defendants) File Number(s): 2020/268337 Publication restriction: n/a

Judgment:

Introduction: 1. I gave judgment in this matter on 22 October 2021. The plaintiff sought relief in respect of two hearings before NCAT in which he alleged he had been denied natural justice. I rejected the plaintiff's case in its entirety. 2. The outstanding question to be determined is the question of costs. By consent that matter was determined on the papers. 3. The defendants seek their costs on the usual basis that costs follow the event.

The evidence: 1. The plaintiff did not rely on any evidence on the question but the defendants relied upon an affidavit of Ms Elizabeth Mee of 29 November 2021. 2. Her affidavit states that soon after the plaintiff lodged his appeal in this Court on 15 September 2020 she wrote to him on 9 October indicating the defendants may well seek costs if it was successful in the proceedings. The plaintiff wrote back the same day indicating he would himself seek costs if successful.