Day v Sternhell [2020] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: Day v Sternhell [2020] NSWSC 513 Hearing dates: On the papers Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Equity Before: Darke J Decision: No order as to costs of Notice of Motion filed on 23 December 2019. Catchwords: COSTS — party/party — costs orders in interlocutory proceedings — plaintiffs filed Notice of Motion for extension of caveat — no final determination on central issue as Court made orders by consent — not a case where there has been an "event" decided in favour of one party and against another — not a case where one party was almost certain to succeed — no marked difference in the reasonableness of the actions taken by the parties — appropriate that each party bear its own costs of the motion Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Real Property Act 1900 (NSW), s 74F, s 74L, s 74O Real Property Regulation 2014, item 1(b) Schedule 4 Cases Cited: Circuit Finance Pty Ltd v Crown and Gleeson Securities Pty Ltd [2005] NSWSC 997 Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Forder v Cemcorp Pty Ltd (2001) 51 NSWLR 486; [2001] NSWSC 281 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 Syndication Capital Group Pty Ltd v MDR Cornish Investments Pty Ltd [2011] NSWSC 1289 Category: Costs Parties: Ryan Nicholas Day (First Plaintiff) Tracey Leigh Day (Second Plaintiff) Roger Mark Sternhell (Defendant) Mick Wykrota (Cross-Defendant) ACN 057 690 034 (Respondent to motion filed on 23 December 2019) Representation: Counsel: Ms A Power (Plaintiffs) Mr A G Rogers (Cross-Defendant) Ms E Cohen (Respondent to motion filed on 23 December 2019)