Hundy v Turner [2019] NSWSC 1881

Supreme Court New South Wales

Medium Neutral Citation: Hundy v Turner [2019] NSWSC 1881 Hearing dates: On the papers Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Equity Before: Darke J Decision: Gross sum costs order made in favour of the plaintiff in the sum of $40,500. Catchwords: COSTS – specified gross sum costs order – where orders made by consent for the appointment of trustees for sale of property co-owned by plaintiff and defendant – defendant ordered to pay the plaintiff's costs as agreed or assessed – where parties' solicitors entered into negotiations concerning the plaintiff's costs – where plaintiff's solicitor experienced difficulties contacting the defendant's solicitor – where delay by defendant's solicitor contacting plaintiff's solicitor – specified gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Conveyancing Act 1919 (NSW), s 66G Cases Cited: Boyd v Thorn (2017) 96 NSWLR 390; [2017] NSWCA 210 Calderbank v Calderbank [1976] Fam 93 Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 307 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 In the matter of GTH Equipment [2017] NSWSC 1816 James v Australian and New Zealand Banking Group Limited [2016] NSWSC 833 Stoddart (NSW) Pty Ltd v Kellyville Building Pty Ltd [2019] NSWSC 1480 Category: Costs Parties: Stephen John Hundy (Plaintiff) Tracey Lee-Ann Turner (Defendant) Representation: Counsel: Mr P Afshar (Plaintiff)