Perpetual Trustees Victoria Limited v Belcastro (No 3) [2014] NSWSC 1324

Perpetual Trustees Victoria Limited v Belcastro (No 3) [2014] NSWSC 1324

Mrs Belcastro was unsuccessful on the principal claims, so the usual costs order applied in favour of Perpetual and Mr O'Shannessy. The only departure was for the limited costs of submissions occasioned by Perpetual's late service of handwriting expert evidence, but that departure was confined because the need for the evidence arose after Mrs and Mr Belcastro served late affidavits altering the understood chain of custody.

Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Costs / On the Papers; Determination of Costs After Judgment on the Principal Claims
Outcome
Costs orders made largely in favour of Perpetual and Mr O'Shannessy, with a limited costs order in favour of Mrs Belcastro for submissions concerning late handwriting evidence.
Legal Topics
['costs Follow the Event' 'late Expert Evidence' 'thrown Away Costs' 'cross Action Costs']
['costs' 'civil Procedure'] ['costs Follow the Event' 'late Expert Evidence' 'thrown Away Costs' 'cross Action Costs']

Case Brief

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Procedural Posture

Costs / On the Papers; Determination of Costs After Judgment on the Principal Claims

Legal Issues

  1. 1 ["Whether Mrs Belcastro should pay Perpetual's costs of its action and her cross-action." 'Whether Perpetual should bear any costs arising from its late service and reliance on handwriting expert evidence.' "Whether Mrs Belcastro should pay Mr O'Shannessy's costs as cross-defendant."]

Ratio Decidendi

Mrs Belcastro was unsuccessful on the principal claims, so the usual costs order applied in favour of Perpetual and Mr O'Shannessy. The only departure was for the limited costs of submissions occasioned by Perpetual's late service of handwriting expert evidence, but that departure was confined because the need for the evidence arose after Mrs and Mr Belcastro served late affidavits altering the understood chain of custody.

Court Disposition

Costs orders made largely in favour of Perpetual and Mr O'Shannessy, with a limited costs order in favour of Mrs Belcastro for submissions concerning late handwriting evidence.

Orders

  • ['The plaintiff is to pay the costs of Mrs Belcastro for counsel and solicitor for two hours of and incidental to the submissions made on 19 and 20 November 2012.' "Otherwise, Mrs Belcastro is to pay the plaintiff's costs of its action and her cross-action." "Mrs Belcastro is to pay Mr O'Shannessy's costs as...