Vidyagauri Hiralal v Nitin Hiralal & Ors (No.2) [2013] NSWSC 1160

Supreme Court New South Wales

Medium Neutral Citation: Vidyagauri Hiralal v Nitin Hiralal & Ors (No.2) [2013] NSWSC 1160 Hearing dates: 29 July 2013 Decision date: 22 August 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Defendants to pay the plaintiff's costs of the defendants motion of 25 May 2012 on the ordinary basis. Defendants may not have recourse to the trust funds for payment of their cost of the motion. Plaintiff may seek supplementary costs enforcement orders out of the trust fund at the conclusion of the proceedings. Catchwords: PROCEDURE - COSTS - Departing from the general rule - nature of proceedings -defendants' motion of 25 May 2012 challenges the validity of the plaintiff's service on the defendants outside the jurisdiction in accordance with UCPR Pt 11 and seeks a stay of proceedings on forum non conveniens grounds and alternatively a striking out of the plaintiff's proceedings as frivolous and vexatious - plaintiff successful in resisting the defendants' motion - whether in addition to costs against the defendants on the ordinary basis the plaintiff should have an order for indemnity costs and reimbursement of her costs out of the trust fund the subject of the proceedings - whether the defendants may have recourse to trust funds for payment of their costs of the motion - HELD: plaintiff should only have costs against the defendants on the ordinary basis. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Hiralal v Hiralal [2013] NSWSC 984 In Re Beddoe 1893 Ch 547 In the Estate of William Just, deceased (No.1) 7 SASR 508 Luke v South Kensington Hotel Co 1879 11 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 [2008] HCA 42 Category: Costs Parties: Plaintiff:- Vidyagauri Hiralal First Defendant:- Nitin Hiralal Second Defendant:-Vinod Gokal Third Defendant:- Vibha Hiralal Representation: Counsel: Plaintiff:- N. Allan Defendants:- S.J.Stanton; T. Flaherty Solicitors: Plaintiff:- Harish Prasad & Associates First and Second Defendants:- Gateway Legal Third Defendant:- File Number(s): 2012/82834 Publication restriction: No