Steele-Smith & Ors v Liberty Financial Pty Ltd & Anor (No 2) [2005] NSWSC 487

New South Wales Supreme Court

CITATION : Steele-Smith & Ors v Liberty Financial Pty Ltd & Anor (No 2) [2005] NSWSC 487

HEARING DATE(S) : 28 April, 2005; written submissions 16 May 2005

JUDGMENT DATE : 23 May 2005

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

DECISION : Plaintiffs ordered to pay the Defendants' costs of the Statement of Claim and the costs of the Defendants and the third party of the First and Second Cross Claims.

CATCHWORDS : COSTS - DISCRETION - The Plaintiffs unjustifiably commenced proceedings against the Defendants - the Defendants cross claimed against a third party - neither the Defendants nor the third party should have been put to the expense of the proceedings - scope of discretion as to costs discussed. - COSTS - LITIGANT IN PERSON - Held: a litigant who chooses not to obtain legal representation should not be given any special consideration in the making of costs orders.

LEGISLATION CITED : Supreme Court Act 1970 (NSW) - s.76

- Edginton v Clark [1964] 1 QB 367 - Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED : - Sanderson v Blyth Theatre Co [1903] 2 KB 533 - Thomas v Times Book Co Ltd [1966] 2 All ER 241

Doreen Steele-Smith - First Plaintiff/First Cross Defendant to 2nd Cross Claim Tony Steele - Second Plaintiff/Second Cross Defendant to 2nd Cross Claim Maxwell Developments Pty Ltd - Third Plaintiff/Third Cross Defendant to 2nd Cross Claim PARTIES : Liberty Financial Pty Ltd - First Defendant/First Cross Claimant to 1st Cross Claim Liberty Funding Pty Ltd - Second Defendant/Second Cross Claimant to 1st Cross Claim Vestecorp Financial Services Pty Ltd - Cross Defendant to 1st Cross Claim/Cross Claimant to 2nd Cross Claim