Elix v Hill [2023] NSWSC 1017

Supreme Court New South Wales

Medium Neutral Citation: Elix v Hill [2023] NSWSC 1017 Hearing dates: 17 August 2023 Date of orders: 17 August 2023 Decision date: 24 August 2023 Jurisdiction: Equity - Succession & Probate List - Family Provision Before: McGrath J Decision: Leave granted to the plaintiff to discontinue the proceedings. No order as to costs such that each party should bear their own costs. Catchwords: COSTS — where the plaintiff seeks to discontinue the proceedings — where the defendant does not consent — where the defendant seeks indemnity costs against the plaintiff on the basis that the proceedings were brought without just cause — whether the Court should grant leave for the plaintiff to discontinue the proceedings — whether the Court should depart from the ordinary position as to costs in r 42.19 of the Uniform Civil Procedure Rules 2005 (NSW) — HELD — leave to discontinue the proceedings granted — no order as to costs Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 Furnish & Finish Pty Ltd v Hollands [2020] NSWSC 1593 Mead v Watson as Liquidator for Hypec Electronics [2005] NSWCA 133 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Michelle Elix (Plaintiff) Kerrie Hill (Defendant) Representation: Counsel: J Jacobs (Plaintiff) S Brennan (Defendant)