Gaetani v Schiliro (No 2) [2019] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: Gaetani v Schiliro (No 2) [2019] NSWSC 533 Hearing dates: 9 March and 17 April 2018; 14 and 28 September 2018 (written submissions) Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Common Law Before: Walton J Decision: No order as to costs. Catchwords: COSTS – courts powers as to costs – Uniform Civil Procedure Rules 2005 (NSW) r 42.1 – discretion as to costs – particular issues as to resolution of an appeal – further proceedings by proposed notice of motion – no order as to costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Powers of Attorney Act 2003 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Botany Municipal Council v Jackson (1985) 2 NSWLR 1 Broke Hills Estate Pty Ltd v Oakvale Wines Pty Ltd (2005) 23 ACLC 1266; [2005] NSWSC 638 Gaetani v Schiliro [2018] NSWSC 1279 Moseley v AB (No 2) [2017] NSWSC 1812 Category: Costs Parties: Gaetana Gaetani (First Plaintiff) Ysabell Schiliro (Second Plaintiff) Barbara Schiliro (Defendant) Representation: Counsel: M Condon SC (Plaintiffs) J Whitfield (Defendant)

Solicitors: Fox & Staniland Lawyers (Plaintiffs) Whitefield Solicitors (Defendant) File Number(s): 2017/266467 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 25 September 2017 Before: S M Roberts, Senior MemberE Safro, Senior MemberD R Sword, General Member File Number(s): NCAT 201700196931