Eedra Zey (formerly using the pseudonym Eva Williams) (No. 3) v State of New South Wales [2024] NSWDC 359

District Court New South Wales

Medium Neutral Citation: Eedra Zey (formerly using the pseudonym Eva Williams) (No. 3) v State of New South Wales [2024] NSWDC 359 Hearing dates: On the papers Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Civil Before: Acting Judge Levy SC Decision: (1) Pursuant to s 98 of the Civil Procedure Act 2005 (NSW), order that the plaintiff pay the defendant's costs on an indemnity basis from 26 February 2022 in the assessed discounted specified gross sum of $320,000 inclusive of interest and GST. (2) The exhibits may be returned to the respective parties. Catchwords: COSTS – application by the largely successful defendant for an indemnity costs order pursuant to s 98 of the Civil Procedure Act 2005 (NSW) against the largely unsuccessful self-represented plaintiff – defendant seeks indemnity costs assessed on a specified gross sum basis against unco-operative plaintiff who obtained judgment for only nominal damages assessed at $1.00 for a conceded trespass to her property – trespass was of trifling short duration – plaintiff did not accept defendant's Calderbank offer made prior to commencement of proceedings – plaintiff did not accept three subsequent valid offers of compromise – all offers made by defendant were reasonable and represented genuine attempts to reach a compromise of the plaintiff's claim – plaintiff claimed multiple counts of intentional torts by police officers – judgment obtained by plaintiff significantly worse result than all of defendant's offers – consideration of plaintiff's litigation conduct which needlessly protracted proceedings – defendant incurred substantial legal costs of $364,959.12 including interest claimed pursuant to s 101 of Civil Procedure Act 2005 (NSW) plus GST – pyrrhic victory for plaintiff – consideration of costs consequences of plaintiff's litigation conduct which influenced quantum of costs incurred by the defendant – plaintiff's refusal to rationally engage with those offers and accept them was unreasonable – plaintiff's litigation conduct was unreasonable – order for plaintiff to pay defendant's costs on an indemnity basis from 26 February 2022 in the assessed discounted specified gross sum of $320,000 including interest and GST Legislation Cited: Civil Procedure Act 2005 (NSW), s 56, s 98 and s 101 Evidence Act 1995 (NSW), s 136 Uniform Civil Procedure Rules 2005 (NSW), r 20.26, r 23.2, r 42.15 and r 42.15A Cases Cited: AD v State of New South Wales [2022] NSWDC 546 AD v State of New South Wales [2023] NSWCA 115 Ahern v AON Risk Services Australia Ltd (No. 2) [2022] NSWCA 39 Auspine Ltd v Australian Newsprint Mills Ltd (1999) 93 FCR 1; [1999] FCA 673 Beach Petroleum NL v Johnson (No. 2) [1995] FAC 350; (1995) 57 FCR 119 Bobolas v Waverley Council [2016] NSWCA 139 Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Cash and Brown v Chief Constable of Lancashire Constabulary [2008] EWHC 396 Chaina v Presbyterian Church (NSW) Property Trust (No. 26) [2014] NSWSC 1009 Commonwealth of Australia v Gretton [2008] NSWCA 117 Deighton v Dewit [2021] NSWSC 852 Dickens v State of New South Wales & Ors (No. 2) [2018] NSWSC 14 Eedra Zey (formerly using the litigation pseudonym Eva Williams) v State of New South Wales [2024] NSWDC 135 Eedra Zey (formerly using the litigation pseudonym Eva Williams) v State of New South Wales (No. 2) [2024] NSWDC 289 Evans Shire Council v Richardson (No. 2) [2006] NSWCA 61 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 Haddad v The GEO Group Australia Pty Ltd (No. 2) [2024] NSWCA 140 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales [2002] FCAFC 97 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Hannam v State of New South Wales (No. 11) [2023] NSWSC 472 Harrison v Schipp [2002] NSWCA 213 House v The King (1936) 55 CLR 499; [1936] HCA 40 Keen v Telstra Corporation Limited (No. 2) [2006] FCA 930 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Mahenthirasa v State Rail Authority of NSW (No. 2) (2008) 72 NSWLR 73; [2008] NSWCA 201 McCarthy v State of New South Wales [2013] NSWDC 247 Microsoft Corporation v Jiang (2003) 58 IPR 445; [2003] FCA 101 Motium Pty Ltd v Arrow Electronics Australia Pty Ltd [2011] WACA 65 New South Wales v Bouffler [2017] NSWCA 185; (2017) 95 NSWLR 521 New South Wales v Ibbett [2006] HCA 57; (2006) 229 CLR 638 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Romani v State of New South Wales [2023] NSWSC 49 Sahade v Bischoff [2015] NSWCA 418 Shannon v New South Wales [2015] NSWDC 69; (2015) 20 DCLR (NSW) 144 Sony Entertainment (Aust) Ltd v Smith (2005) 215 ALR 788 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No. 2) [2011] NSWCA 258 Zepinic v Chateau Constructions (Aust) Pty Ltd [2014] NSWCA 99 Category: Costs Parties: Eedra Zey (formerly using the pseudonym Eva Williams) (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr N Newton (Defendant)