Varma v Varma [2010] NSWSC 785

New South Wales Supreme Court

CITATION : Varma v Varma [2010] NSWSC 785

HEARING DATE(S) : 14 April 2010

JUDGMENT DATE : 16 July 2010

JURISDICTION : Equity

JUDGMENT OF : Ward J

Costs orders as follows: DECISION : 1. Parveen Varma pay the defendants' costs of these proceedings from the date of commencement of the proceedings up to and including 14 May 2009 on a party/party basis. 2. As from and including 15 May 2009 each of Parveen Varma and the defendants bear their own costs of the proceedings. 3. Each of Parveen Varma and the defendants be entitled to reimbursement out of the estate of the late Sah Dev (Sid) Varma for costs paid by them to Mr Thomas Bray, the administrator ad litem appointed to the said estate in relation to his costs of these proceedings.

CATCHWORDS : COSTS - TUTOR PROCEEDINGS - discretionary principles concerning when tutor ought bear costs - whilst tutor did not commence proceedings only for her own benefit it could not be said that she did not have an interest adverse to Mr Varma in proceedings and there was a potential conflict of interest - tutor did not improperly certify lack of adverse interest in proceedings without good faith where reasonably relying on advice from senior counsel - HELD - tutor to bear costs of proceedings from commencement of proceedings up to appointment of administrator ad litem on a party party basis - thereafter costs of administrator borne by estate and parties to bear their own costs

LEGISLATION CITED : Equity Act 1901 (NSW) Uniform Civil Procedure Rules 2005 (NSW)

Chahwan v Euphoric [2008] NSWCA 52; (2008) 245 ALR 780; (2008) 227 FLR 43; (2008) 65 ACSR 661; (2008) 26 ACLC 262 Douglas v Douglas [2004] NSWSC 279 Foran v Wight [1989] HCA 51; (1989) 168 CLR 385; (1989) 88 ALR 413 Gouder v Gouder [2005] NSWSC 1116 Hawke v Limbo [1990] NTSC 23 Hutchinson v Norwood (1885) 31 Ch D 237 L v L (1942) NSWLR 455 CASES CITED : Lamesa Holdings BV v Commissioner of Taxation [1997] 74 FCR 416 Packer v Meagher [1984] 3 NSWLR 486 R v Registrar of Melbourne County Court [1927] VLR 406 Ragata Developments Pty ltd v Westpac Banking Corp (unreported, Federal Court, 5 March 1993) Re Birchall (1880) 16 Ch D 41 Re Wilson (1904) 21 WN (NSW) 98 Sale v Sale (1839) 1 Beav 586 Woolf v Pemberton (1877) 6 Ch D 19 Yakmor v Hamdoush (No 2) [2009] NSWCA 284