Smith v Autore t/as Autore & Associates Solicitors & Barristers (No 2) [2022] NSWSC 995

Supreme Court New South Wales

Medium Neutral Citation: Smith v Autore t/as Autore & Associates Solicitors & Barristers (No 2) [2022] NSWSC 995 Hearing dates: 11-12 May 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The claims brought against Mrs Autore be dismissed. 2. Mr and Mrs Smith pay Mrs Autore's costs, as agreed or assessed. 3. Mr Autore pay Mr and Mrs Smith's costs of the proceedings brought against him, as agreed or assessed. Catchwords: COSTS — indemnity order —Civil Procedure Act 2005 (NSW), s 98 — forensic decision to pursue second defendant and failure of case pressed against that party rests with the plaintiff — order not made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Smith v Autore t/as Autore & Associates Solicitors & Barristers [2022] NSWSC 656 Category: Costs Parties: Neville Smith (First Plaintiff) Helen Smith (Second Plaintiff) Anthony Autore (First Defendant) Regina Autore (Second Defendant) Representation: Counsel: D Allen (Plaintiffs) M Young SC (Second Defendant)

Anthony Autore (First Defendant, self-represented)

Solicitors: Stewart & Associates (Plaintiffs) Bransgrove Lawyers (Second Defendant) File Number(s): 2020/61112

Judgment 1. At the hearing consent orders were made against Mr Autore, except as to costs. I later concluded that the case pressed against Mrs Autore had not been made out on the evidence: Smith v Autore t/as Autore & Associates Solicitors & Barristers [2022] NSWSC 656. Final orders still remain to be made. 2. The orders sought by Mr and Mrs Smith were: "1. The Plaintiffs pay the Second Defendant's costs of the proceedings as agreed or assessed. 2. The First Defendant pay the Plaintiffs' costs of the proceedings as agreed or assessed. 3. The First Defendant is to indemnify the Plaintiffs for the costs payable by them to the Second Defendant." 1. The orders were not agreed.