WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust v Sara Stockham and Anor [2020] NSWSC 576

Supreme Court New South Wales

Medium Neutral Citation: WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust v Sara Stockham and Anor [2020] NSWSC 576 Hearing dates: On the papers Decision date: 15 May 2020 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See paras [24]-[26] Catchwords: Costs — Party/Party — Whether costs order ought to be made against defendants — Where proceedings involved application for judicial advice to trustee — Where defendants joined as parties and unsuccessfully sought a stay of proceedings and opposed the giving of judicial advice

COSTS – Party/Party – Bases of quantification – Indemnity basis — Whether the defendant engaged in relevant delinquency

COSTS — Party/Party — Timing — Costs payable forthwith — Where the issues so far determined are discreet and threshold and further litigation is likely Legislation Cited: Civil Procedure Act 2005 (NSW) Trustee Act 1925 (NSW) Cases Cited: Bovaird v Frost [2009] NSWSC 917 In re Grimthorpe [1958] Ch 615 Miller v Cameron (1936) 54 CLR 572 Murray v McOnie (No 2) [2019] NSWSC 392 Network Ten Pty Ltd v TX Australia Pty Ltd (No 2) [2019] NSWCA 51 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Italiano [2020] NSWSC 405 Re Morrison-Conway; Estate of the Late Judith Christine Walsh [2018] NSWSC 685 WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust v Sara Stockham and Anor [2020] NSWSC 395 WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust v Sara Stockham and Anor [2020] NSWSC 464 Texts Cited: n/a Category: Costs Parties: WLD Practice Holdings Pty Ltd, in respect of the WLD Practice Holdings Trust (plaintiff) Sara Stockham (first defendant) Sara Stockham Pty Ltd (second defendant) Representation: Counsel: C Bova SC, D Reynolds (plaintiff) V Gray (defendants)