Hans Ekblad v Lorraine Ekblad (No 2) [2015] NSWSC 1676

Supreme Court New South Wales

Medium Neutral Citation: Hans Ekblad v Lorraine Ekblad (No 2) [2015] NSWSC 1676 Hearing dates: On the papers Date of orders: 11 November 2015 Decision date: 11 November 2015 Jurisdiction: Common Law Before: Wilson J Decision: Costs in favour of the first defendant, in the sum of $8,265.16. Catchwords: COSTS – application by the first defendant to recover costs of legal representation – UCPR r 42.1 - impecuniosity of plaintiff –the slip rule Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Roads and Traffic Authority (NSW) v Palmer (No 2) [2005] NSWCA 140 Category: Costs Parties: Hans Ekblad (Plaintiff) Lorraine Ekblad (Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Plaintiff in person First Defendant in person File Number(s): 2014/166262

Judgment 1. On 3 June 2014 the plaintiff, Hans Ekblad, filed a summons in this Court seeking leave to appeal against an order of the Local Court of 8 April 2014 dismissing his application for an Apprehended Domestic Violence Order ("ADVO") against his former wife, Lorraine Ekblad, now Lorraine McNuff. 2. On 4 February 2015 the Court made orders refusing the plaintiff the leave that he had sought and, insofar as it was necessary to do so, dismissing the summons: Ekblad v Ekblad & Or [2015] NSWSC 507. No orders were made as to costs. 3. Subsequently, on 6 May 2015 the first defendant sought an order for costs in her favour against the plaintiff. The second defendant, the Local Court of New South Wales, did not join that application, or make any separate application for costs against the plaintiff. 4. A timetable was set for the first defendant and plaintiff to file relevant evidence on the question of costs, and to provide the Court with written submissions. The application was to be determined on the papers with the parties accepting that course. Each party has filed the material upon which each seeks to rely, in accordance with those orders.