Pupo v Pupo (No 2) [2015] NSWSC 1647

Supreme Court New South Wales

Medium Neutral Citation: Pupo v Pupo (No 2) [2015] NSWSC 1647 Hearing dates: 6 November 2015 Date of orders: 06 November 2015 Decision date: 06 November 2015 Jurisdiction: Equity Before: Hallen J Decision: Order that the Plaintiffs are to bear the Defendants' costs of the proceedings, as to 80 per cent, by the first Plaintiff, and as to 20 per cent, by the second Plaintiff. Catchwords: PROCEDURE – Costs – General rule costs follow the event – Whether there should be an apportionment of the Defendants' costs between unsuccessful Plaintiffs – Some commonality of evidence but no real commonality of issues in the cases Legislation Cited: Civil Procedure Act 2005 (NSW) Property (Relationships) Act 1984 (NSW) Cases Cited: Perigo v Workers Compensation Nominal Insurer (No 3) [2013] NSWSC 6 Pupo v Pupo [2015] NSWSC 1633 Thiess Watkins White Construction Limited (in liq) v Witan Nominees (1985) Pty Ltd (1992) 2 Qd R 452 Category: Costs Parties: Saverio Pupo (first Plaintiff) Rosetta Pupo (second Plaintiff) Sammy Ferdinando Pupo (first Defendant) Rosemaria Pupo (second Defendant) Giuseppe Pupo (third Defendant) Representation: Counsel: Mr G Gemmell (Plaintiffs) Mr G Carolan (first and second Defendants) Mr R Brender (third Defendant)

Solicitors: Pelosi & Associates (Plaintiffs) Kazi Portolesi Lawyers (first and second Defendants) Bransgroves Lawyers (third Defendant) File Number(s): 2014/264225