Jensen v Pearce (No 2) [2013] NSWCA 294

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jensen v Pearce (No 2) [2013] NSWCA 294 Hearing dates: On the papers Decision date: 05 September 2013 Before: Basten JA at [1]; Barrett JA at [13]; Emmett JA at [14] Decision: In lieu of the order as to costs made by the District Court on 28 March 2012, order that the plaintiff pay the defendant's costs with respect to her claim under the Property (Relationships) Act. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - general rule that costs follow the event - whether any reason why costs should not follow the event - appellant successfully challenged judgment regarding Property (Relationships) Act 1984 (NSW) claim - appellant had three sets of legal representation - appellant self-represented at trial - appellant refused to allow valuation of foreign assets - whether refusal unreasonable - appellant raised legally untenable challenges to jurisdiction of court - unlikely that significant costs thereby incurred - costs otherwise offset - Civil Procedure Act 2005 (NSW), s 98 - Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.2 Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Property (Relationships) Act 1984 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.2 Cases Cited: Cachia v Hanes [1994] HCA 14; 179 CLR 403 Jensen v Pearce [2013] NSWCA 247 Category: Consequential orders Parties: Steen Jensen (Appellant) Jillian Frances Pearce (Respondent) Representation: Solicitors: