Jo Maree Payne v Helen Mary Rowe & Anor (No 2) [2012] NSWSC 1406

Supreme Court New South Wales

Medium Neutral Citation: Jo Maree Payne v Helen Mary Rowe & Anor (No 2) [2012] NSWSC 1406 Hearing dates: 16 November 2012 Decision date: 23 November 2012 Jurisdiction: Equity Division Before: Ball J Decision: See paragraph 28 of this judgment. Catchwords: COSTS - UCPR r 42.1 - determining who in substance has won the proceedings - where proceedings initiated by application for order under s 66G of the Conveyancing Act 1919 but majority of evidence focused on respective interests of each party in the property - where neither party has succeeded - where plaintiff alleged to have given deliberately false evidence - held parties should bear their own costs. Legislation Cited: Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Receivables Ltd v Tekitu Pty Ltd [2011] NSWSC 1425 Baumgartner v Baumgartner (1987) 164 CLR 137 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Jo Maree Payne v Helen Mary Rowe & Anor [2012] NSWSC 685 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Naomi Marble & Granite Pty Ltd v FAI General Insurance Company Limited (No 2) [1999] 1 Qd R 518 Roache v News Group Newspaper Ltd [1992] TLR 551 Timms v Clift [1998] 2 Qd R 100 Category: Costs Parties: Jo Maree Payne (Plaintiff) Helen Mary Rowe (First Defendant) Jeremy Richard Dawson Rowe (Second Defendant) Representation: DF Villa (Plaintiff) KG Oliver (Defendants) Thomsons Lawyers (Plaintiff) Reuben George Lawyers (Defendants) File Number(s): 2011/157795