Perpetual Trustee Company Limited v Stojcevski (No 2) [2014] NSWSC 1827

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited v Stojcevski (No 2) [2014] NSWSC 1827 Hearing dates: 18 December 2014 Decision date: 18 December 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1.The cross-claimant to pay the cross-defendant's costs of the proceedings on an indemnity basis. 2.Order that costs be assessed on the basis of a gross costs sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 but that the assessment of those costs stand over to 3 February 2015 at 9.15 before me. Catchwords: COSTS - indemnity costs appropriate - cross-claim doomed to fail - statute-barred based on the cross-claimant's own admissions and undisputed facts - delinquent conduct in the course of the proceedings, including giving false evidence and false instructions to his legal representatives Legislation Cited: Consumer Credit (New South Wales) Code 1995 (NSW), s 80 Civil Procedure Act 2005 (NSW), s 98 Real Property Act 1900 (NSW), s 57 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Perpetual Trustee Company Limited v Stojcevski [2014] NSWSC 1718 Seller v Jones [2014] NSWCA 19 Category: Costs Parties: Perpetual Trustee Company Limited (Plaintiff) Branko Stojcevski (First Defendant/ Cross Claimant) Lesley Alexandra Stojcevski (Second Defendant) Frank Mathey (Cross Defendant) Representation: Counsel: J Wilson (Cross Claimant) M Cameron, solicitor (Cross Defendant) Solicitors: RMB Lawyers (Cross Claimant) Sparke Helmore (Cross Defendant) File Number(s): 2013/60807 Publication restriction: Nil