Widjaja v Noto [2022] NSWSC 1446

Supreme Court New South Wales

Medium Neutral Citation: Widjaja v Noto [2022] NSWSC 1446 Hearing dates: On the papers Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Equity Before: Darke J Decision: Order made that there be no order as to the costs of the proceedings. Catchwords: COSTS – co-ownership – costs of proceedings commenced under s 66G of the Conveyancing Act 1919 (NSW) – where proceedings resolved by consent orders – where proceeds of sale of co-owned property already distributed – whether costs order should be made against first defendant either pursuant to r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW) or because of unreasonable conduct – held that there should be no order as to costs of the proceedings, including the costs of the costs application Legislation Cited: Conveyancing Act 1919 (NSW), s 66G(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Chow v Chow (No 2) (2015) 18 BPR 35,385; [2015] NSWSC 1348 Ferguson v Hyndman [2006] NSWSC 538 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Goldberg v Goldberg [2000] NSWSC 399 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Spathis v Nanos (No 2) [2008] NSWSC 470 Stibbard-Leaver v Leaver [2021] NSWSC 65 Watson v Watson [2021] NSWSC 1544 Zhang v Metcalf; Metcalf v Zhang [2020] NSWCA 228 Category: Costs Parties: Tami Widjaja (Plaintiff) Vincenzo Noto (First Defendant) Giuseppe Noto (Second Defendant) Graziella Granata (Third Defendant) Representation: Counsel: Mr C Bolger (First Defendant)