Sotiropoulos v Sotiropoulos [2019] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: Sotiropoulos v Sotiropoulos [2019] NSWSC 737 Hearing dates: 28 May 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Order the plaintiff to pay the defendants' costs of the proceedings on the ordinary basis up to 18 September 2018.

(2) Order the plaintiff to pay the defendants' costs of the proceedings on the indemnity basis after 18 September 2018. Catchwords: COSTS — Party/Party — General rule that costs follow the event — Proceedings discontinued or dismissed — Where plaintiff has discontinued the proceedings — Whether court should award costs on an indemnity basis — Indemnity costs awarded from the time at which the plaintiff had already formed the view that he would not prosecute the proceedings to hearing Legislation Cited: Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Somerville Legal Pty Ltd v Boensch [2019] NSWSC 267 Sotiropoulos as executor of estate of Sotiropoulos v Sotiropoulos [2015] NSWSC 855 Category: Costs Parties: Vlasios Vasilios Sotiropoulos (Plaintiff) Georgios Vasilios Sotiropoulos (First Defendant) Joanna Sotiropoulos (Second Defendant) Representation: Counsel: V Bedrossian (Defendants)