France v Siekaup (No 2) [2020] NSWSC 4

Supreme Court New South Wales

Medium Neutral Citation: France v Siekaup (No 2) [2020] NSWSC 4 Hearing dates: On the papers Date of orders: 08 January 2020 Decision date: 08 January 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Order the defendants to pay one half of the plaintiff's costs of the defendants' notice of motion filed on 12 September 2019 and amended on 4 November 2018 on the ordinary basis.

(2) Stand the proceedings over to the Registrar on 10 February 2020 for directions. Catchwords: COSTS – departure from the usual rule – defendants unsuccessful in seeking orders to retrain plaintiff's solicitor on the record from further acting in the proceedings and for the production of documents in Amended Notice of Motion – where basis for relief in respect of restraining the plaintiff's solicitor was tenuous – where defendants justified for a period of time in pursuing relief in respect of the orders for production of documents – appropriate that the defendants pay one half of the plaintiff's costs of the Amended Notice of Motion Legislation Cited: Freedom of Information Act 1982 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Category: Costs Parties: Karin Elisabeth Siekaup (First Defendant/First Applicant) Sieve-Storm Pty Ltd atf Affordable Property Trust (Second Defendant/Second Applicant) Margaret Ann France (Plaintiff/Respondent) Representation: Counsel: M Klooster (Plaintiff/Respondent) S Galitsky (Defendants/Applicants)

Solicitors: Cordato Partners Lawyers (Plaintiff/Respondent) Ian B Mitchell & Associates (Defendants/Applicants) File Number(s): 2018/323180 Publication restriction: Nil