Nadilo v Souris (No 2) [2019] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: Nadilo v Souris (No 2) [2019] NSWSC 246 Hearing dates: On the papers Date of orders: 12 March 2019 Decision date: 12 March 2019 Jurisdiction: Equity Before: Leeming JA Decision: 1. Judgment in favour of the first and second plaintiffs in the amount of $162,593.

2. Judgment in favour of the third and fourth plaintiffs in the amount of $101,621.

3. Defendant to pay 75% of the plaintiffs' costs of the proceedings, excluding the costs of the application for orders, assessed on the ordinary basis up to and including 26 February 2018, and on the indemnity basis from 27 February 2018.

4. No order as to the parties' costs of the application for orders, with the intention that they and she each bear their own costs.

5. No order concerning the defendant's liability to pay costs, with the intention that she not be entitled to be paid out of the estate in respect of costs. Catchwords: COSTS – whether plaintiffs entitled to all or part of their costs – effect of offer of compromise – whether plaintiffs should be entitled to partial costs order – whether parties should be indemnified by estate for any of their costs

JUDGMENTS – calculation of judgment amounts – whether plaintiffs entitled to pre-judgment interest Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Common Law Practice Act 1867 (Q), s 72 Conveyancing Act 1919 (NSW), s 54A Trustee Act 1925 (NSW), ss 5, 59 Uniform Civil Procedure Rules, rr 42.1, 42.14, 42.25 Cases Cited: Bloch v Bloch (1981) 180 CLR 390; [1981] HCA 56 Dome Resources NL v Silver (2008) 72 NSWLR 693; [2008] NSWCA 322 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Drummond v Drummond [1999] NSWSC 923 Falkner v Bourke (1990) 19 NSWLR 574 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (No 3) [2017] NSWCA 109 Horton v Jones (1935) 53 CLR 475; [1935] HCA 7 Kalls Enterprises Pty Ltd (in liq) v Baloglow (No 3) [2007] NSWCA 298 In Re Raybould; Raybould v Turner [1900] 1 Ch 199 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Nadilo v Souris [2019] NSWSC 108 Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 Nowell v Palmer (1993) 32 NSWLR 574 Texts Cited: None Category: Costs Parties: Matthew Paul Nadilo (First Plaintiff) Deborah Nadilo (Second Plaintiff) Gloria Lakaev (Third Plaintiff) Ilia Lakaev (Fourth Plaintiff) Lorraine Souris (Defendant) Representation: Counsel: