Macdonald v Macdonald (No 2) [2018] NSWSC 296

Supreme Court New South Wales

Medium Neutral Citation: Macdonald v Macdonald (No 2) [2018] NSWSC 296 Hearing dates: On the papers Decision date: 09 March 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to pay the defendant's costs of the proceedings.

(2) Note that, pursuant to order (3) in the principal judgment made on 6 February 2018, the defendant has leave to apply for an order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) that the costs be paid in a gross sum if such application is made in writing to my Associate, together with any evidence and submissions in support, within 7 days hereof and such material is also served on the plaintiff within that time.

(3) Direct that, if an application referred to in (2) above is made: (a) The plaintiff serve on the defendant and provide to my Associate any submissions and evidence in opposition to the defendant's application within a further 7 days; and (b) The defendant is to serve on the plaintiff and provide to my Associate any submissions or evidence in reply within a further 5 days. Catchwords: COSTS – unsuccessful plaintiff impecunious – no reason to depart from general rule that costs follow the event – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(4) Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Hession v Century 21 South Pacific Ltd (In Liq) (1992) 28 NSWLR 120 Macdonald v Macdonald [2018] NSWSC 64 Category: Costs Parties: Sini Moa Macdonald (Plaintiff) Denis Halding Macdonald (Defendant) Representation: Counsel: K Qoro (Plaintiff) L Steer (Defendant)