Norris (a pseudonym) v Norris (a pseudonym) (s 66G Proceedings)

In the case of Norris v Norris, the plaintiff sought a divorce and ancillary orders. The dispute primarily revolved around the allocation of costs between the parties. The matter was heard in the Supreme Court of New South Wales, Family Division. The plaintiff argued for costs on an indemnity basis from the defendant, while the defendant raised a special rule under section 66G of the Conveyancing Act 1919 (NSW), requesting that the parties' costs be paid out of the net proceeds of the sale of a jointly owned property.

The court was required to determine the appropriate basis for the allocation of costs. The key legal issue was whether the defendant's special rule under section 66G of the Conveyancing Act 1919 (NSW) should apply, and if so, how it should be applied to the costs of the proceedings. Additionally, the court had to consider the plaintiff's request for indemnity costs and whether it was appropriate in light of the defendant's discontinuance of a cross-claim and agreement to the orders sought by the plaintiff.

The court held that the defendant's special rule under section 66G applied to the costs of the proceedings. It found that the parties' costs of the application should be paid out of the net proceeds of the sale of the property. Regarding the plaintiff's request for indemnity costs, the court ordered that the defendant pay the plaintiff's costs of the cross-claim on an ordinary basis, as the defendant had discontinued the cross-claim and agreed to the orders substantially in terms sought by the plaintiff. This outcome reflected the practical resolution of the proceedings and the defendant's cooperation in reaching a settlement.