Peter Deerson & Ors v Elizabeth Dee [2014] NSWSC 1061

Supreme Court New South Wales

Medium Neutral Citation: Peter Deerson & Ors v Elizabeth Dee [2014] NSWSC 1061 Hearing dates: 4, 11 and 16 July 2014 (written submissions); 23 July 2014 (directions) Decision date: 06 August 2014 Jurisdiction: Equity Division Before: Sackar J Decision: See paragraph [57] Catchwords: COSTS - where dispute settled at hearing - where plaintiff seeks indemnity costs - where defendant seeks no order as to costs - whether either party was almost certain to succeed or acted unreasonably - whether earlier costs order should be vacated - no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: East West Airlines Ltd v Turner (No 2) [2010] NSWCA 159 Ploder v Garcea (as executrix of the estate of the late Garcea) [2013] NSWSC 1360 Re The Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Stateland Developments Pty Ltd v Princi [2007] NSWSC 709 Texts Cited: N/a Category: Costs Parties: Peter Fred Deerson - first plaintiff Louise Frances Deerson - second plaintiff Robert Walter Deerson - third plaintiff Alexander Jacob Deerson - fourth plaintiff Elizabeth Dee - defendant Representation: Counsel: J Atkin - plaintiffs T Maltz - defendant Solicitors: Elringtons - plaintiffs Coleman Greig - defendant File Number(s): 2013/204564