MTH v State of New South Wales (No 2) [2024] NSWSC 1681

Supreme Court New South Wales

Medium Neutral Citation: MTH v State of New South Wales (No 2) [2024] NSWSC 1681 Hearing dates: 18 December 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: See [35] Catchwords: COSTS — Application for indemnity costs — Offer of Compromise — Joint offer CIVIL PROCEDURE — Interim preservation — Freezing orders — Application to vary orders — Where plaintiff intends to appeal against primary judgment Legislation Cited: Uniform Civil Procedure Rules 2005, rr 20.26, 42.15A Cases Cited: Calderbank v Calderbank [1976] Fam 93 MTH v State of NSW [2024] NSWSC 1517 Category: Costs Parties: MTH (Plaintiff) State of New South Wales (First Defendant) Estate of the late Geoffrey Croft (Second Defendant) Sandra Croft (Third Defendant) Representation: Counsel: C P O'Neill (First Defendant) P Tierney (Third Defendant)

Solicitors: Makinson d'Apice Lawyers (First Defendant) Keypoint Law (Second Defendant) Moin Morris Schaefer Lawyers (Third Defendant) File Number(s): 2020/00113788 Publication restriction: Statutory non-publication orders pursuant to s 578A of the Crimes Act 1900 (NSW) and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW)

EX TEMPORE JUDGMENT 1. On 28 November 2024, I entered judgment in favour of each of the defendants as against the plaintiff. I also granted liberty to apply should any party seek a variation of the costs orders I made. 2. The matter comes back before me today to deal with the following applications: 1. A variation of the costs orders sought by each of the first, second and third defendants. 2. Orders sought by the second and third defendants in respect of freezing orders over five properties held in part by the second and third defendants, and in part solely by the third defendant. 1. I will deal first with each of the defendants' applications in respect of costs, before turning to the applications seeking freezing orders.