Coat v Aves (No 2) (Pseudonyms) [2024] NSWDC 87

District Court New South Wales

Medium Neutral Citation: Coat v Aves (No 2) (Pseudonyms) [2024] NSWDC 87 Hearing dates: 7, 15 and 22 March 2024 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Civil Before: Acting Judge Levy SC Decision: See paragraph [18] for orders Catchwords: COSTS – (1) non-publication order cannot be lifted as this Court lacks power to do so: s 121 of the Family Law Act 1975 (Cwth) – (2) indemnity costs – grant of application by successful defendant for indemnity costs – (3) gross sum costs pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) – assessment deferred pending quantification – (4) application for third party costs order against plaintiff's former legal advisors deferred pending service of relevant documents Legislation Cited: Civil Procedure Act 2005 (NSW), s 98, s 99 Family Law Act 1975 (Cwth), s 121 Uniform Civil Procedure Rules 2005 (NSW), r 47.12 Cases Cited: Coat v Aves (Pseudonyms) [2023] NSWDC 560 Category: Consequential orders Parties: Ms Coat (a pseudonym) (Plaintiff) Mr Aves (a pseudonym) (Defendant) Representation: Counsel: No appearance by plaintiff (First costs respondent) Mr RJM Foord (Defendant costs applicant) Ms S Causevic, solicitor (Second costs respondent)

Solicitors: No appearance for plaintiff Alidenes & Co (Defendant costs applicant) Gilchrist Connell (Second costs respondent) File Number(s): 2021/327337 Publication restriction: Non-publication order applies: Coat v Aves (Pseudonyms) [2023] NSWDC 560, at [45]-[47]