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Woods v Woods

Woods v Woods

Case [2001] NSWSC 1108 4 December 2001

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CITATION: Woods v Woods [2001] NSWSC 1108 revised - 7/03/2002

CURRENT JURISDICTION: Equity

FILE NUMBER(S): SC 1973/97

HEARING DATE(S): 31 October 2001

JUDGMENT DATE:
4 December 2001

PARTIES :

Glenn Woods (P1)
Marcia Woods (P2)
Desre Clair Woods (D1)
Richard Lee Woods (D2)
Amanda Jane Woods (D3)

JUDGMENT OF: Hamilton J

COUNSEL : E E Beilby (P1 & 2)
Alex Radojev (D1-3)

SOLICITORS: Nash Allen Williams & Wotton (P1 & 2)
Karageorge & Co (D1-3)

CATCHWORDS: PROCEDURE [548] - Costs - Jurisdiction - General - Interest - May be ordered on costs in respect of period prior to order for costs even though costs not paid by litigant to solicitor - STATUTES [16], [30] - Acts of Parliament - Interpretation - Rules of construction - Particular rules - Expressum facit cessare tacitum - Expressio unius est exclusio alterius - Caution in application.

LEGISLATION CITED: Supreme Court Act 1970 ss 76(1), 95(1), (3) & (4)

CASES CITED: Attorney-General (NSW) ex rel Franklins Stores Pty Ltd v Lizelle Pty Ltd [1977] 2 NSWLR 955
Cremona v Roads and Traffic Authority [2000] NSWSC 735
David Grant & Co Pty Limited (Receiver Appointed) v Westpac Banking Corporation (1995) 184 CLR 265
FAI General Insurance Company Limited v Southern Cross Exploration NL (1988) 165 CLR 268
Grogan v Thiess Contractors Pty Ltd [2000] NSWSC 1101
Hughes Bros v The Trustees of the Roman Catholic Church [1999] NSWSC 1051
Knight v FP Special Assets Ltd (1992) 174 CLR 178
Leon Fink Holdings Pty Ltd v Australian Film Commission (1979) 141 CLR 672
Maronis Holdings Ltd v Nippon Credit Australia Ltd [2001] NSWSC 854
McWilliams Wines Pty Ltd v Liaweena (NSW) Pty Ltd (1993) 32 NSWLR 190
Oshlack v Richmond River Council (1998) 193 CLR 72
Perpetual Executors and Trustees Association of Australia Ltd v Federal Commissioner of Taxation (1948) 77 CLR 1
R v Wallis; Ex parte Employers Association of Wool Selling Brokers (1949) 78 CLR 529
Refrigerated Express Lines (A/Asia) Pty Ltd v Australia Meat and Live-Stock Corporation (No 2) (1980) 44 FLR 455
South Australian Superannuation Fund Investment Trust v Leighton Contractors Pty Ltd (1996) 66 SASR 509
Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661
The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404
White Industries (Qld) Pty Ltd v Flower & Hart (2000) 103 FCR 559
Woods v Woods [1999] NSWSC 275
Woods v Woods [1999] NSWSC 584
Woods v Woods [2000] NSWSC 179
Woods v Woods [2000] NSWSC 851
Woods v Woods [2001] NSWSC 594
Parliamentary Debates (Hansard), Legislative Assembly, 22 November 1995, 3767 - 3769
Spigelman, The Hon J J, "The Poet's Rich Resource: Issues in Statutory Interpretation", Address to Government Lawyers' Convention 7 August 2001

DECISION: Interest on costs awarded from time at which first defendant became liable to lawyers for interest.

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

HAMILTON J

TUESDAY, 4 DECEMBER 2001

1973/97 GLENN WOODS & ANOR v DESRE CLAIR WOODS &…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Woods v Woods

Details

AGLC: Woods v Woods [2001] NSWSC 1108
Case: [2001] NSWSC 1108
Decision Date: 4 December 2001

CaseChat Overview and Summary

Woods v Woods is a case where the parties, Woods and Woods, were involved in a dispute that was brought before the court. The specifics of the dispute were not detailed, but it involved legal issues pertaining to costs, jurisdiction, and interest in the context of a pre-existing legal matter. The court was tasked with determining the appropriate legal principles to apply in the resolution of these issues. The primary legal questions centred on whether costs incurred prior to a formal order for costs could be included in a costs order, whether the court had the jurisdiction to order such costs, and if interest could be claimed on those costs even if they had not been paid by the litigant to their solicitor.

The court examined these issues by considering statutory provisions and established legal principles. It applied the rules of statutory interpretation, particularly the maxims of expressum facit cessare tacitum and expressio unius est exclusio alterius, to understand the scope of the statutory provisions governing costs. The court also considered the practicalities of the situation, including whether the litigant had paid the costs to their solicitor. Ultimately, the court concluded that it had the jurisdiction to order costs that were incurred before the formal order, even if those costs had not been paid by the litigant to their solicitor. The court also found that interest could be claimed on these costs, as the statutory provisions did not explicitly exclude such interest.

In its decision, the court provided clarity on the scope of its jurisdiction in ordering costs and the implications of statutory interpretation. The court's reasoning was grounded in both statutory analysis and practical considerations, ensuring that the litigant's rights and obligations were balanced with the statutory framework. The final orders of the court included a determination on the costs and interest, providing a resolution to the issues presented in the case.

Orders