Stubbs v Chief Commissioner of State Revenue [2019] NSWSC 307

Supreme Court New South Wales

Medium Neutral Citation: Stubbs v Chief Commissioner of State Revenue [2019] NSWSC 307 Hearing dates: 14 February 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. There be no order as to the costs of the proceedings, with the intent that each party should pay its own costs. Catchwords: COSTS –– application by the plaintiff for review of assessment notices issued by the defendant –– proceedings run by both parties on issues that ultimately did not arise for determination –– consent orders agreed and notices revoked –– no order as to costs –– parties each to bear own costs –– misapprehension by both parties as to the issues for determination Legislation Cited: Civil Procedure Act 2005 (NSW) , ss, 56 – 59, 98 Duties Act 1997 (NSW), ss 8(1)(b)(ii), 8(3), 9(1), 9(2), Ch 2 Taxation Administration Act 1996 (NSW), ss 4 and 8. Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Harrington v Greenwood Grove Estate Pty Ltd (No 2) [2011] NSWSC 1598 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Molnar v Butas (No 2) [2017] VSC 710 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Williamson v Bors (1900) 21 LR (NSW) Eq 302 Texts Cited: G E Dal Pont, Law of Costs (Lexis Nexis, 3rd ed) Category: Costs Parties: Derek Stubbs (Plaintiff) Chief Commissioner of State Revenue (Defendant) Representation: Counsel: C Bevan (Plaintiff) R Seiden SC and S Kanagaratnam (Defendant)