Marzbani v Embersits [2019] NSWSC 168

Supreme Court New South Wales

Medium Neutral Citation: Marzbani v Embersits [2019] NSWSC 168 Hearing dates: 7 February 2019 Decision date: 01 March 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: There be no order as to costs of the proceedings, with the intent that each party should bear his or her own costs of the proceedings. Catchwords: COSTS — application by plaintiff for specific performance of Family Court consent orders –– costs order sought by each party against the other –– where matter has not been heard on the merits –– conduct of either party not so unreasonable as to warrant a costs order against him or her –– no order made as to costs of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1 and 42.19 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; (1975) 3 WLR 586 Commonwealth of Australia v Gretton [2008] NSWCA 117 Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 One.Tel Ltd v Commisioner of Taxation (2000) 101 FCR 548 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs (Cth); Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Renton v Kelly [2018] NSWSC 1377 SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323 Category: Costs Parties: Ramin Marzbani (Plaintiff) Leslie Lynne Embersits (Defendant) Representation: Counsel: Mr N M Bender (Plaintiff) Mr C Othen (Defendant)