Leidreiter v Rae [2006] NSWSC 1043

New South Wales Supreme Court

CITATION : Leidreiter v Rae [2006] NSWSC 1043

HEARING DATE(S) : 16/08/06 and written submissions 07/9/06 and 21/09/06

JUDGMENT DATE : 9 October 2006

JUDGMENT OF : McDougall J at [1]

DECISION : See para [39] of judgment

CATCHWORDS : COSTS - where plaintiff failed to withdraw caveat after her undertaking to the Court to do so was enlivened - where defendant seeks indemnity costs - whether plaintiff's inaction unreasonable - whether events establish "relevant delinquency" - where defendant seeks to vary earlier costs order - whether subsequent events establish "relevant delinquency" - no question of principle

LEGISLATION CITED : Real Property Act 1900 UCPR Pt 36 Div 4

Hutchinson v Nominal Defendant [1972] 1 NSWLR 443 CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 Re The Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622

PARTIES : Joanne Fay Leidreiter (Plaintiff) Vincent Samuel Rae (Defendant)

FILE NUMBER(S) : SC 2404/04

SOLICITORS : Mr A Cohen (Plaintiff) Ms M Gordon, Pearson Family Lawyers (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

McDOUGALL J

Monday 9 October 2006

2404/04 JOANNE FAY LEIDREITER v VINCENT SAMUEL RAE JUDGMENT – on costs 1 HIS HONOUR: The nature of these proceedings, and specifically of the interlocutory application that has given rise to the costs dispute with which these reasons deal, is set out in paras [1] to [3] of my judgment given on 22 August 2005. For convenience, I repeat those paragraphs: "The plaintiff claims that she and the defendant lived together as husband and wife in a bona fide domestic relationship, although not married to each other, from about May 1995 until 18 September 2002. In these proceedings, she claims relief pursuant to s 20 of the Property (Relationships) Act 1984, including an order that the defendant pay her the sum of $5 million or alternatively transfer to her unencumbered one half of the property 6-8 Marine Parade, Watego's Beach at Byron Bay.