Dowsett v King (No 2) [2020] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: Dowsett v King (No 2) [2020] NSWSC 6 Hearing dates: On the papers Date of orders: 14 January 2020 Decision date: 14 January 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Orders that judgment be entered in favour of the plaintiff against the defendant in the sum of $171,561.85 (inclusive of interest);

(2) Orders the defendant to pay the plaintiff's costs of her claim for repayment of $140,000 plus interest from the commencement of the proceedings to 29 June 2018 and the plaintiff's costs of the proceedings after that date on the ordinary basis.

(3) Orders that each party bear their own costs of the proceedings from their commencement to 29 June 2018 in respect of all issues other than the plaintiff's claim for repayment of $140,000 plus interest. Catchwords: COSTS – departure from the usual rule – where the plaintiff formally abandoned a substantial part of her case immediately before the final hearing – where plaintiff accepted earlier offer made by the defendant that in return for the plaintiff abandoning several issues, each party would bear their own costs of the issues to be abandoned – where plaintiff successful on remaining issue at a final hearing – appropriate that the defendant pay the plaintiff's costs of the remaining issue up to the date of accepting the defendant's offer and the costs of the proceedings thereafter Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Contracts Review Act 1970 (NSW) District Court Act 1973 (NSW), s 134 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Dowsett v King [2019] NSWSC 1459 Forsyth v Deputy Commissioner of Taxation (2007) 231 CLR 531; [2007] HCA 8 Huang v Drumm [2017] NSWCA 29 McDonough v Owners Strata Plan No 57504 (2014) 17 BPR 33,573; [2014] NSWSC 1708 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Costs Parties: Marea Pearl Dowsett by her attorney and tutor Terrence Charles Dowsett (plaintiff) Donna Maree King (defendant) Representation: Counsel: A J Bulley (plaintiff) D Eardley (defendant)