Norris (a pseudonym) v Norris (a pseudonym) (s 66G Proceedings) [2021] NSWSC 1676

Supreme Court New South Wales

Medium Neutral Citation: Norris (a pseudonym) v Norris (a pseudonym) (s 66G Proceedings) [2021] NSWSC 1676 Hearing dates: On the papers Date of orders: 20 December 2021 Decision date: 20 December 2021 Jurisdiction: Equity Before: Robb J Decision: The orders of the Court are: (1) Order that the parties' costs of the application by the plaintiff for relief under s 66G of the Conveyancing Act 1919 (NSW) be paid out of the net proceeds of sale of the property known in the proceedings as the [Suburb B] property. (2) Order the first defendant to pay the plaintiff's costs of the cross claim filed by the first defendant on the ordinary basis Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Where plaintiff successful in attaining orders sought — Where plaintiff sought costs of proceedings from defendant on indemnity basis — Where defendant raised special rule pursuant to s 66G of Conveyancing Act 1919 (NSW) that parties costs' be paid out of net proceeds of sale of property — Where Court made orders for parties' costs of application on that basis COSTS — Party/Party — General rule that costs follow the event — Proceedings discontinued or dismissed — Where defendant filed cross claim and resisted orders sought by plaintiff — Where at commencement of hearing defendant discontinued cross claim and agreed to orders substantially in terms sought by plaintiff — Where plaintiff sought costs of proceedings from defendant on indemnity basis — Where Court ordered defendant to pay plaintiff's costs of cross claim on ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barel v Segal (No 3) [2012] NSWSC 1319 Chow v Chow (No 2) [2015] NSWSC 1248 Coast Property Realty Pty Ltd v Falconer [2016] NSWSC 214 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Commonwealth of Australia v Gretton [2008] NSWCA 117 Hamod v New South Wales [2011] NSWCA 375 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Leichardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Stone v Stone [2014] NSWSC 1655; (2014) 17 BPR 33,443 Category: Costs Parties: [Laura Norris] (plaintiff) [Max Norris] (first defendant) [Jess Norris] (second defendant) [Craig Norris] (third defendant) [James Norris] (fourth defendant) [Rachel Norris] (fifth defendant) Representation: Counsel: D O'Connor (plaintiff) J Bennett (first defendant)