Dehn v Honeman [2015] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Dehn v Honeman [2015] NSWSC 773 Hearing dates: 29 April 2015Click here to enter text. Decision date: 18 June 2015 Jurisdiction: Equity Division Before: Hallen J Decision: The Court:

(i) Orders that each party is to receive her, or their, costs of the proceedings, respectively, other than, her, or their, own costs of the notice of motion, calculated on the indemnity basis, out of the balance of the estate of the deceased. (ii) Makes no order as to the costs of the notice of motion, to the intent that the Plaintiff is, and the Defendants are, to bear her, and their, own costs, respectively. (iii) Orders that $150,000, or such other amount as all parties agree in writing, shall be retained from the proceeds of sale, in order to satisfy the costs of the parties that are ordered to be paid out of the estate pending their agreement or failing agreement, pending the assessment of costs. Catchwords: PROCEDURE – COSTS – Where proceedings settled at mediation – Where no determination on the merits – Whether unreasonable approach of one, or both, parties which prompted the litigation – All parties are trustees – Significant amount of evidence relied upon in support of notice of motion for costs Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Trustee Act 1925 (NSW) Cases Cited: Barel v Segal (No 3) [2012] NSWSC 1319 Re Beddoe; Downes v Cottam [1893] 1 Ch 547 Botros v Frank [2013] NSWSC 712 Ibrahim v PERI Australia Pty Ltd [2013] NSWCA 328 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Luxmore Pty Ltd v Hydedale Pty Ltd [2008] VSCA 212; (2008) 20 VR 481 McKay v McKay [2008] NSWSC 256 One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Owners Strata Plan 73162 v Dyldam Developments Pty Ltd [2014] NSWSC 1789 Re McNamara and the Conveyancing Act (1961) 78 WN (NSW) 1068 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Spathis v Nanos (No 2) [2008] NSWSC 470 Thomson v Sweeney [2013] NSWSC 1383 Tsaprazis v Goldcrest Properties Pty Ltd [2000] NSWSC 765 Category: Costs Parties: Beverley Clarice Dehn (Plaintiff) John Carmichael Honeman (first Defendant) Troy Warren Harold Honeman (second Defendant) Representation: Counsel: Mr T To (Plaintiff) Mr R Wilson SC (Defendants)