Dogra v Dogra

[2024] NSWCA 127

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Dogra v Dogra [2024] NSWCA 127

Hearing dates:

27 May 2024

Date of orders:

27 May 2024

Decision date:

27 May 2024

Before:

Payne JA

Decision:

The first respondent’s notice of motion dated 28 March 2024 is dismissed with costs.

Catchwords:

COSTS – Security for costs – Relevant factors – Impecuniosity – no issue of principle

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW) rr 1.11, 51.50

Cases Cited:

Fox v Percy (2003) 214 CLR 118; [2003] HCA 22

Hastings v Hasting [2009] NSWCA 294

Lee v Lee (2019) 266 CLR 129; [2019] HCA 28

PrestonvHarbour Pacific UnderwritingManagement Pty Ltd [2007] NSWCA 247

Saba vNationalAustralia Bank Ltd [1999] NSWCA 93

Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136

Category:

Procedural rulings

Parties:

Aruna Dogra (appellant)
Mamta Dogra (first respondent)
Kapil Dogra (second respondent/cross appellant)

Representation:

Counsel:
CD Freeman (appellant/first cross-respondent)
D O’Dea (solicitor) (first respondent/second cross-respondent)
J Capsanis (solicitor) (second respondent/cross-appellant)

Solicitors:
Goodwin & Co Lawyers (appellant/first cross-respondent)
O’Dea Lawyers (first respondent/second cross-respondent)
JP Capsanis & Co Lawyers (second respondent/cross-appellant)

File Number(s):

2024/8811

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2023] NSWSC 1642

Date of Decision:

21 December 2023

Before:

Lindsay J

File Number(s):

2021/00151823

JUDGMENT

1. On 27 May 2024, the matter came before me in the Court of Appeal referrals list to deal with:

1. a notice of motion dated 28 March 2024; and

2. directions for the further conduct of the appeal.

2. Before the primary judge, Lindsay J, the appellant, Aruna Dogra, claimed a beneficial entitlement to the former matrimonial home of her son, the second respondent, and his former wife, Mamta Dogra, who is the first respondent. On 21 December 2023, Lindsay J rejected the appellant’s claim and made the following orders [2023] NSWSC 1642:

(1)    DECLARE that the plaintiff has no right, title or interest in the land contained in Certificate of Title folio identifier 16/18644 and known as XXXX Crescent, Hurstville.

(2)    ORDER that caveat number AP793162 be withdrawn forthwith.

(3)    ORDER that the plaintiff and the second defendant pay the first defendant’s costs of these proceedings.

(4)    NOTE that no orders are made as to the costs of the plaintiff and the second defendant to the intent that they each pay or bear their own costs.

3. A notice of intention to appeal was filed on 28 December 2023. A notice of appeal was filed on 20 March 2024. The second respondent filed a notice of cross appeal on 21 March 2024.

4. On 27 May 2024 I made the following orders:

1. The first respondent’s notice of motion dated 28 March 2024 is dismissed with costs.

2. Reasons reserved.

5. These are my reason for making those orders.

Notice of motion

6. On 28 March 2024, the first respondent filed a notice of motion seeking dismissal of the appeal (proposed order…