NSW Caselaw
New South Wales Supreme Court
CITATION : Wentworth v Rogers [2003] NSWSC 721 HEARING DATE(S) : 16.6.03 JUDGMENT DATE : 8 August 2003
JURISDICTION: Common Law Division Court of Appeal JUDGMENT OF : Miles AJ DECISION : Applicant to pay the costs of the trustees both of the review and of the hearing before the Registrar of the motions to set aside the garnishment notices, such costs to be taxed or assessed as between party and party.
CATCHWORDS : Costs - garnishment proceedings - costs in discretion of court - practice of making no order for costs in favour of or against judgment debtor - costs - garnishment proceedings - application for payment of funds in deceased estate account attached by garnishment notice - application successfully opposed by trustees of estate - whether trustees should be awarded costs. LEGISLATION CITED : Supreme Court Rules Supreme Court Act Weston v Indigo Shire Council HCA 20 March 2002 CASES CITED : R v Justices of Haywood ex parte Fletcher (1896) 21 VLR 654 Hart v Muir (1899) 6WN (NSW) 62 Davidson v Seccombe (1892) 9 WN (NSW) 1 PARTIES : Katherine Wentworth - Applicant Gordon John Rogers - Respondent FILE NUMBER(S) : SC 19228/82; 008/86 COUNSEL : Applicant in person SOLICITORS : Mr Phillip Beazley - Respondent Bray and Jackson - Trustees
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 19228/82; 008/86 FILE NUMBER(S) : LOWER COURT Miles AJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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