NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Romascu v Manolache (No 2) [2012] NSWSC 87 Hearing dates: 6 February 2012 Decision date: 17 February 2012 Before: Hallen AsJ Decision: Make no order for either party's costs of the proceedings. Catchwords: Costs of proceedings - Successful plaintiff, who was self represented, seeks costs from the Defendant, including the costs of the costs application as agreed or as assessed on the ordinary basis - Plaintiff submits that there should be no order for the Defendant's costs of the proceedings Legislation Cited: Civil Procedure Act 2005 Family Provision Act 1982 Succession Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Aspland v Tsakalakis [2012] WASC 35 Barden, Re; Florance v Shekelton-Barden (NSWSC, 15 December 1983, unreported) Boughton v Knight (1873) 3 LRP. & D. 64 Cutcliffe's Estate, Re [1959] P 6 Grey Smith (dec), Re [1978] VR 596 Grounds, Re Estate of the late Hazel Ruby; Page v Sedawie [2005] NSWSC 1311 Hoare v Reyburn [2010] WASC 301 Hubbard, Re [2011] NSWSC 617 Lawrence v MD Nikolaidis & Co [2003] NSWCA 129 Pates v Craig; Estate of the late Joyce Jean Cole (NSWSC, 5 September 1995, Santow J, unreported) Perpetual Trustee Co Ltd v Baker [1999] NSWCA 244 Petrovski v Nasev; The Estate of Janakievska (No 2) [2011] NSWSC 1474 Rennie v Massie (1866) 1 LRP. & D. 118 Romascu v Manolache [2011] NSWSC 1362 Von Reisner v Commonwealth of Australia (No 2) [2009] FCAFC 172; (2009) 262 ALR 430 Thornhill v Thomas [2010] WASC 297 Tu, In Margaret Sze v Mary Sze Tu (Also known as Mary Lowe) In The Estate of Tang Fung Sze Tu [2008] NSWSC 458 Wilson v Department of Human Services; re Anna (No 2) [2011] NSWSC 545 Texts Cited: Miller's Probate Practice (Maxwell: 1900 Ed.) Category: Costs Parties: Florin Adrian Romascu (Plaintiff) Elena Manolache (Defendant) Representation: Mr D Coleman (solicitor) (Plaintiff) Mr J McEncroe (solicitor) (Defendant) Lawyers and Legal Services Australia (Plaintiff) John McEncroe & Company (Defendant) File Number(s): 2010/272586
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