Woodhouse v Woodhouse (No 2) [2022] NSWSC 338

Supreme Court New South Wales

Medium Neutral Citation: Woodhouse v Woodhouse (No 2) [2022] NSWSC 338 Hearing dates: On the papers Decision date: 25 March 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the plaintiff pay the defendant's costs of the statement of claim on the ordinary basis. 2. Order that the first cross-defendant pay the cross-claimant's costs of the cross-claim against her on the ordinary basis. 3. Order that the second cross-defendants pay the cross-claimant's costs of the cross-claim against the estate of the late Catherine Woodhouse. Catchwords: COSTS – Party/Party – General rule that costs follow the event – Application of the rule and discretion Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 98(1) Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Bonic v Pacific General Securities Limited [2009] NSWSC 1221 Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1423 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Harrington v Greenwood Grove Estate Pty Limited (No.2) [2011] NSWSC 1598 Oshlack v Richmond River Council (1998) 193 CLR 72 Short v Crawley (No 40) [2008] NSWSC 1302 Stena Rederi Aktiblag v Austal Ships Sales Pty Ltd [2007] FCA 1141 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201; (1979) 42 FLR 213; (1979) ATPR 40-141 Waters v PC Henderson (Aust) Pty Ltd [1994] NSWCA 338 Woodhouse v Woodhouse [2022] NSWSC 204 Category: Costs Parties: Nicolas Mary Woodhouse (Plaintiff/First Cross-Defendant) Philip George Woodhouse (Defendant/Cross-Claimant) Lincoln James Kennedy and David Andrew Woodhouse as Executors of the estate of the late Catherine Woodhouse (Second Cross-Defendant) Representation: Counsel: J Mack (Plaintiff) A Crossland and A Djukanovic (Defendant/Cross-Claimant) SV Shepherd (2nd Cross-Defendant)