Galea v Camilleri [2019] NSWSC 167

Supreme Court New South Wales

Medium Neutral Citation: Galea v Camilleri [2019] NSWSC 167 Hearing dates: 29, 31 January 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Order dismissing the plaintiffs' proceedings.

(2) Order that the plaintiffs pay the defendant's costs of the proceedings.

(3) To the extent the defendant's indemnity costs are not otherwise satisfied by order (2), order the defendant's indemnity costs to be paid out of the estate of the deceased. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Proceedings discontinued or dismissed — Whether it was reasonable for the plaintiffs to commence the proceedings when they did

COSTS — Party/Party — General rule that costs follow the event — Proceedings discontinued or dismissed — Significance of a failure to give the defendant an opportunity to respond to an appropriately worded letter of demand prior to commencing the proceedings Legislation Cited: Succession Act 2006 (NSW), ss 27, 59 Uniform Civil Procedure Rules 2005 (NSW), rr 12.1, 42.19 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Newcastle Wallsend Coal Co Pty Ltd v Industrial Parsons v Davison [2016] NSWSC 1491 Relations Commission of New South Wales [2006] NSWCA 129; (2006) 153 IR 386 Windgap Foundation Ltd v Solomons [2018] NSWSC 809 Category: Principal judgment Parties: Carol Galea (First Plaintiff) Reno Camilleri (Second Plaintiff) John Camilleri (Defendant) Representation: Counsel: A Crossland (Plaintiffs) L Ellison SC (Defendant)