Friend v Brien & Anor (No. 2) [2014] NSWSC 614

Supreme Court New South Wales

Medium Neutral Citation: Friend v Brien & Anor (No. 2) [2014] NSWSC 614 Hearing dates: 30 April 2014; 1 May 2014 Decision date: 01 May 2014 Jurisdiction: Equity Division Before: White J Decision: Plaintiff pay the defendants' costs of these proceedings up to and including 7 November 2013 on the ordinary basis and thereafter on the indemnity basis. Catchwords: COSTS - exceptions to the general rule that costs follow the event - whether offer of compromise or Calderbank letter complied with the Uniform Civil Procedure Rules r 42.15A - whether no order as to costs should be made - whether family provision claims warrant special principles as to costs - whether conduct of the second defendant should affect an order as to costs -whether an order capping costs is appropriate - plaintiff ordered to pay costs on the ordinary basis up until letter of compromise and thereafter on the indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Calderbank v Calderbank [1976] Fam 93 South Eastern Area Health Service v King [2006] NSWCA 2 Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Moussa v Moussa [2006] NSWSC 509 Carey v Robson (No. 2) [2009] NSWSC 1199 Jvancich v Kennedy (No. 2) [2004] NSWCA 397 Re Sherborne Estate (No. 2); Vanvalen v Neaves [2005] NSWSC 1003; (2005) 65 NSWLR 268 Skalkos v T & S Recoveries Pty Ltd (2004) 65 NSWLR 151 April Fine Paper Macao Commercial Offshore Limited v Moore Business Systems Australia Limited [2009] NSWSCA 67; (2009) 75 NSWLR 619 Slack v Rogan (No. 2) [2013] NSWSCA 827 Category: Costs Parties: Denise Marjorie Friend (Plaintiff) Marjorie Rose Brien (1st Defendant) Lloyd Henry Brien (2nd Defendant) Representation: Counsel: R E Quickenden (Plaintiff) J Trebeck (Defendants) Solicitors: Nash Allen Williams & Wotton (Plaintiff) Garden & Montgomerie (Defendants) File Number(s): 2013/65624