Sood v Borthwick [2022] NSWSC 901

Supreme Court New South Wales

Medium Neutral Citation: Sood v Borthwick [2022] NSWSC 901 Hearing dates: Decision on papers Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Equity Before: Slattery J Decision: Defendant ordered to pay 35% of the plaintiff's costs of the proceedings. Orders made for certain costs of a court appointed expert to be shared in the proportions 35:65 as between the plaintiff and the defendant. Other incidental orders made. Catchwords: COSTS – appropriate costs order after proceedings settled – plaintiff brings proceedings for trespass to a property arising out of excavation of a trench on a boundary of her property with the defendant's neighbouring property – hearing proceeds in the duty list and the parties agree upon a grant of final relief apart from damages – damages issues – parties cannot agree upon appropriate order for costs – whether an order for costs should be made against one or other party and if so, what order for costs should be made. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 42.19 and 42.20 Conveyancing Act 1919, s 177 Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 McNamara v Bao San [2010] NSWSC 809 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Oxford Funding Pty Ltd v Oxford Asia Pacific Investments Pty Ltd (No. 2) [2006] FCA 1542 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Plaintiff: Shaloo Sood Defendant: Krishnan Borthwick Representation: Counsel: Plaintiff: J. Horowitz Defendant: M. Gunning