Gilles v La Rosa [2018] NSWSC 920

Supreme Court New South Wales

Medium Neutral Citation: Gilles v La Rosa [2018] NSWSC 920 Hearing dates: 17 May 2018 Date of orders: 17 May 2018 Decision date: 21 June 2018 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Order that the summons be dismissed. 2. Order the plaintiffs to lodge in registrable form a Notice of Withdrawal of Caveat No AJ547705. 3. Order that the cross claim otherwise be dismissed. 4. Order the plaintiff to pay defendant's costs of proceedings fixed in sum of $30,000. 5. Vacate hearing date of 18 May 2018. Catchwords: PROCEDURE – judgments and orders – no utility of proceedings due to operation of set-off

COSTS – assessment of costs – proceedings misconceived – proceedings did not plead final relief – parties did not bring set-off to attention of court – fixed costs order made Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Regulation 2005 (NSW) Cases Cited: Malouf v Constantinou [2017] NSWSC 923 MJ Leonard Pty Ltd v Bristrol Custodians Ltd [2013] NSWSC 1734 Taleb v National Australia Bank Limited (2011) 82 NSWLR 489 Miller v Minister for Mines [1963] AC 484 Category: Costs Parties: Joseph John Gilles (First Plaintiff and First Cross Defendant) Gregory Eliades (Second Plaintiff and Second Cross Defendant) Rosa La Rosa as executor of the Estate of the Late Giovanni La Rosa (First Defendant and First Cross Claimant) Rosa La Rosa (Second Defendant and Second Cross Claimant) Representation: Counsel L T Fermanis (Plaintiffs/Cross Defendants) M Castle (Defendants/Cross Claimants)