Smilevska v Smilevska (No. 3) [2017] NSWSC 820

Supreme Court New South Wales

Medium Neutral Citation: Smilevska v Smilevska (No. 3) [2017] NSWSC 820 Hearing dates: 1, 11, 17 and 18 November 2016 and 5 December 2016 Date of orders: 11 July 2017 Decision date: 11 July 2017 Jurisdiction: Equity Before: Slattery J Decision: Orders not made to require the respondents to the plaintiff's 3 November 2016 motion to personally pay the plaintiff's costs of the proceedings, the first defendant's costs of the proceedings, the second defendant's costs of the proceedings. Orders are made entitling Mitre and Gorica to have resort to the first defendant's assets for payments of the first defendant's and their costs of the proceedings. That the plaintiff's costs be paid by the first defendant on the indemnity basis, Blaguna has a right of recourse to the Port Kembla property for the payment of her costs. Orders not made as to the costs of the proceedings as between the plaintiff and the defendants.

Court declines to make a third party costs order. Final relief granted in the form sought by the first defendant. Catchwords: FINAL RELIEF – parties cannot agree on form of orders for final relief – parties advance competing forms of order for final relief – plaintiff succeeds at first hearing in securing a declaration that she is entitled to a licence to occupy the property owned by the first defendant during the first defendant's life and thereafter to share a half interest in the property with the second defendant, her former husband – plaintiff seeks orders to give effect to the declaration – defendant seeks orders on the ground that the first defendant's hardship that the property be sold – whether orders should be made for the property to be sold.