Jarjo v Patterson (No 2) [2022] NSWSC 1311

Supreme Court New South Wales

Medium Neutral Citation: Jarjo v Patterson (No 2) [2022] NSWSC 1311 Hearing dates: On the papers Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Equity Before: Darke J Decision: Unsuccessful plaintiffs ordered to pay costs of second defendant, but not costs of first defendant whose unreasonable conduct significantly contributed to the litigation. Catchwords: COSTS – departure from usual rule that costs follow the event – plaintiffs' claims unsuccessful – unreasonable conduct of first defendant significantly contributed to the litigation – plaintiffs ordered to pay costs of second defendant but not costs of first defendant Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.15, r 42.15A Cases Cited: GR Vaughan (Holdings) Pty Ltd v Vogt [2006] NSWCA 263 Jarjo v Patterson [2022] NSWSC 1049 Knight v Clifton [1971] Ch 700 Oshlack v Richmond River Council (1998) 193 CLR 72 Redden v Chapman (1949) 50 SR (NSW) 24 Ritter v Godfrey [1920] 2 KB 47 Wood v Crawford [2010] NSWSC 252 Category: Costs Parties: Jacque Jarjo (First Plaintiff) Juanita Jarjo (Second Plaintiff) Michael Francis Patterson (First Defendant) Wendy Anne Patterson (Second Defendant) Representation: Counsel: Mr M Fernandes (Plaintiffs) Mr J Bennett (First Defendant) Mr M Bennett (Second Defendant