Morris Finance Limited v Free [No 2] [2016] NSWSC 1064

Supreme Court New South Wales

Medium Neutral Citation: Morris Finance Limited v Free [No 2] [2016] NSWSC 1064 Hearing dates: On the papers Date of orders: 02 August 2016 Decision date: 02 August 2016 Jurisdiction: Equity Before: Darke J Decision: Order that the plaintiff pay the costs of the first, third and fourth defendants of the determination of the separate question Catchwords: COSTS – determination of separate question – general rule that costs follow event – whether departure from usual position warranted – whether order for indemnity costs appropriate – whether costs should be ordered to be paid forthwith Legislation Cited: Bankruptcy Act 1966 (Cth), s 58 Civil Procedure Act 2005 (NSW), s 98(1) Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 42.1 Cases Cited: Morris Finance Limited v Free [2016] NSWSC 516 Category: Costs Parties: Morris Finance Limited (Plaintiff) Stewart William Free, trustee of the property of Neil Warren Brown, a bankrupt (First Defendant) Official Trustee in Bankruptcy, trustee of the property of Caroline Elsie Brown, a bankrupt (Second Defendant) Neil Warren Brown (Third Defendant) Caroline Elsie Brown (Fourth Defendant) Holiday Coast Credit Union Limited (Fifth Defendant) Representation: Counsel: Mr C Yam (solicitor) (Plaintiff) Mr A Behman (solicitor) (First Defendant) Mr T Flaherty (Third and Fourth Defendants)

Solicitors: Smith Leonard Fahey (Plaintiff) CLH Lawyers (First Defendant) Guy Williams, City Attorneys (Third and Fourth Defendants) File Number(s): 2015/330173 Publication restriction: None