Finlay v Cox [2023] NSWSC 400

Supreme Court New South Wales

Medium Neutral Citation: Finlay v Cox [2023] NSWSC 400 Hearing dates: 19 & 24 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Equity Before: Slattery J Decision: No order as to costs made to the intent that each of the plaintiff and the first defendant will bear his and her own costs of the proceedings between them. Catchwords: COSTS – exercise of costs discretion – plaintiff brings proceedings against multiple defendants but no longer wishes to proceed against the first defendant – the plaintiff and first defendant cannot agree upon what costs order should be made to conclude the proceedings – whether each of the plaintiff and the first defendant has acted reasonably in commencing and defending the proceedings respectively – whether one party was almost certain to have succeeded if the matter had been fully tried. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Conveyancing Act 1919, s 26(1) Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Re Minister for Immigration and Ethnic Affairs v Lai Qin (1997) 186 CLR 622 Category: Procedural rulings Parties: Plaintiff: Peter Leslie Finlay First Defendant: Robina Victoria Cox Second Defendant: Roger David Cox Third Defendant: Heath Joseph Cox Fourth Defendant: Hayley Elizabeth Cox Representation: Counsel: Plaintiff: M. White SC

Solicitors: Plaintiff: A.R. Martin, Martin Legal First Defendant: R.J.B. Allsop, Allsop Glover Lawyers Second, Third & Fourth Defendants: C. Leahy, Leahy Lawyers File Number(s): 2022/275997 Publication restriction: No