Nitopi, Cristina v Nitopi, Giuseppe [2018] NSWSC 609

Supreme Court New South Wales

Medium Neutral Citation: Nitopi, Cristina v Nitopi, Giuseppe [2018] NSWSC 609 Hearing dates: On the papers Decision date: 07 May 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Costs on an indemnity basis refused Catchwords: COSTS – application for costs on indemnity basis – where Court dismissed plaintiff's statement of claim for want of due dispatch with costs – where proceedings delayed by plaintiff for 3 years – whether plaintiff's conduct amounted to relevant delinquency – no further evidence provided showing plaintiff responsible for abuse of processes of the Court – whether Court functus officio upon making costs order – order not reduced to writing or entered up – Court not functus officio – application for costs on indemnity basis refused. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 55, 56, 59, 98 Uniform Civil Procedure Rules 2005 (NSW) r 12.7, 42.2 Cases Cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Hamod v State of New South Wales (2002) 188 ALR 659; [2002] FCA 424 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Cristina Pirrello Nitopi (Plaintiff) Giuseppe Nitopi (Defendant) Representation: Counsel: Mr P Folino-Gallo (Plaintiff) Mr H Stitt (Defendant)

Solicitors: Prime Lawyers Hunter Lawyers File Number(s): 2015/94733