Simone Starr-Diamond v Talus Diamond (No 2) [2012] NSWSC 1650

Supreme Court New South Wales

Medium Neutral Citation: Simone Starr-Diamond v Talus Diamond (No 2) [2012] NSWSC 1650 Hearing dates: 20 July 2012 Decision date: 20 July 2012 Jurisdiction: Equity Division Before: Slattery J Decision: Order the parties do all such things and execute all such documents as are necessary to give effect to the sale of the two Tasmanian properties commonly owned by the parties by the mechanism provided for in these orders. Catchwords: PROCEDURE - costs - whether costs should follow the event - unsuccessful plaintiff seeks indemnity costs against successful defendant - plaintiff alleges defendant admitted the existence of a de facto relationship only just before trial - whether non admission occasioned increase in plaintiff's legal costs. HELD: defendant's late admission of de facto relationship did not significantly increase the plaintiff's costs - costs should follow the event - plaintiff ordered to pay the defendant's costs on the ordinary basis Legislation Cited: Civil Procedure Act 2005; Jurisdiction of Courts (Cross Vesting) Act 1987; Property Relationships Act 1984; Cases Cited: Simone Starr-Diamond v Talus Diamond [2012] NSWSC 675 Category: Costs Parties: Plaintiff: Simone Starr-Diamond Defendant: Talus Diamond Representation: Counsel: Defendant: F. Sinclair Solicitors: Plaintiff: Defendant: S. Hodges File Number(s): 2008/278342

JUDGMENT 1This is my second judgment in these proceedings. My principal judgment in the matter was given on 19 June 2012: Simone Starr-Diamond v Talus Diamond [2012] NSWSC 675. This judgment deals with the form of final orders and costs issues. Persons, matters and things are referred to in this judgment in the same way as they are in my principal judgment. The two judgments should be read together.