Zistis v Zistis (No 2) [2019] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: Zistis v Zistis (No 2) [2019] NSWSC 227 Hearing dates: 4 March 2019 Date of orders: 08 March 2019 Decision date: 08 March 2019 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The Attorney-General for New South Wales pay the plaintiff's costs, as agreed or assessed, to the extent that they were increased by the intervention of the Attorney-General for New South Wales.

(2) Save for the costs the subject of Order 1, the first defendant pay the plaintiff's costs of the proceedings on the ordinary basis up to 15 January 2018, and thereafter on an indemnity basis. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment application — Where party did not appear to press application — Adjournment application dismissed

COSTS — Party/Party — General rule that costs follow the event — Whether costs should be ordered on an Indemnity basis

COSTS — Party/Party — Orders when proceedings involve multiple parties — Interveners — Where applicant's costs increased as the result of intervention Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Judiciary Act 1903 (Cth) Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Burns v Corbett; Gaynor v Burns (2017) 96 NSWLR 247; [2017] NSWCA 3 Huddart, Parker & Co Pty Ltd v Moorehead (1908) 8 CLR 330 O'Toole v Charles David Pty Ltd (1991) 171 CLR 232; [1991] HCA 14 Silk Bros Pty Ltd v State Electricity Commission of Victoria (1943) 67 CLR 1 Zistis v Zistis [2018] NSWSC 722 Category: Costs Parties: Steve Zistis (Plaintiff) George Zistis (First Defendant) NSW Civil and Administrative Tribunal (Second Defendant) Attorney-General for New South Wales (Intervener) Representation: Counsel: P Santucci (Plaintiff) A Mitchelmore (Attorney-General for New South Wales)