Tchadovitch v Tchadovitch [2009] NSWSC 1481

New South Wales Supreme Court

CITATION : Tchadovitch v Tchadovitch [2009] NSWSC 1481

HEARING DATE(S) : 26 - 28 October, 30 November 2009

JUDGMENT DATE : 30 November 2009

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

DECISION : Defendants to pay out of the estate the sum of $150,000 towards the plaintiff's costs, such sum to be paid within four months of 9 December 2009, and such sum to be on account of the balance of costs, which costs are to be assessed if no agreement can be reached, with no exclusions of any categories of costs.

CATCHWORDS : PROCEDURE - costs - costs from estate - costs of expert witness - Calderbank letter - whether three elements of the plaintiff's costs should be disallowed

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Consequential orders

Farr v Hardy [2008] NSWSC 996 CASES CITED : Leichhardt Municipal Council v Green [2004] NSWCA 341 Leue v Reynolds (1986) 4 NSWLR 590

Sylvia Tchadovitch (Plaintiff) PARTIES : George Tchadovitch (First Defendant) Boris Tchadovitch (Second Defendant)

FILE NUMBER(S) : SC 4563/08

COUNSEL : J Needham SC, V Culkoff (Plaintiff) R Wilson, S Adair (Defendants)

SOLICITORS : Steven Klinger (Plaintiff) Rosier Partners Lawyers (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Rein J

17 December 2009

4563/08 Sylvia Tchadovitch v George Tchadovitch and anor JUDGMENT (EX TEMPORE) 1 REIN J: This matter was stood over to today to deal with a question relating to costs.

2 The plaintiff, having succeeded in her claim is entitled, barring some special circumstance, to the costs out of the estate. The defendants originally sought an order capping costs. There were two affidavits of Mr Rosier filed in the capping application and there were affidavits in response from Mr Klinger, the plaintiff's solicitor, as well as extensive submissions from Ms Needham S.C. and shorter submissions from Mr Wilson on the capping issue.