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[2025] NSWSC 1383

BDS2 v CEG2 (No 2)

(1) The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 28 March 2024. (2) The defendant is to pay the plaintiff's costs of the proceedings on an indemnity basis from 29 March 2024. (3) That the defendant in the proceedings: (a) be known as "CEG2"; (b) be described in all pleadings and other documents filed or served in the proceedings as "CEG2"; (c) except as may be necessary for the proper conduct of the proceedings, be only referred to as "CEG2". (4) That the name of the proceedings be referred to as "BDS2 v CEG2". (5) That until the death of the defendant or until further order of the Court, whichever is the sooner to occur, pursuant to s 7 of the Court Suppression and Non‑publication Orders Act 2010, that publication of the name of the defendant and any information tending to reveal the identity of the defendant be prohibited except as may be necessary for the proper conduct of the proceedings upon the grounds that the order is necessary to prevent prejudice to the proper administration of justice and it is otherwise necessary in the public interest for the order to be made and the public interest significantly outweighs the public interest in open justice. (6) This order is to apply throughout the Commonwealth of Australia.

Catchwords

COSTS — indemnity costs — offer of compromise —discretion to order otherwise JUDGMENTS AND ORDERS — reasons — parties — pseudonymisation — non-publication

Legislation cited

  • Civil Procedure Act 2005 (NSW) § 98
  • Court Suppression and Non-publication Orders Act 2010 (NSW) § 7
  • Uniform Civil Procedure Rules 2005 (NSW) § 42.14

Judgment

  1. [1]

    On 3 November 2025 I handed down judgment in this matter and ordered the defendant to pay the plaintiff the sum of $1,495,000 plus costs.

  2. [2]

    The plaintiff seeks an order that costs be paid on an indemnity basis from 29 March 2025, being the date following the date of an Offer of Compromise, which was served on the defendant's then lawyers.

  3. [3]

    The plaintiff relies on an affidavit of Marcus Huston, solicitor, affirmed on 7 March 2025, which annexes a Calderbank letter setting out in detail the reasons why the offer in an attached Offer of Compromise should be accepted and an Offer of Compromise which is compliant with the Uniform Civil Procedure Rules 2005 (NSW) in the amount of $350,000.

  4. [4]

    Section 98 of the Civil Procedure Act 2005 (NSW) confers a broad discretion on the Court to decide questions of cost. In light of the specific wording of r 42.14, the defendant bears the onus if he seeks an order otherwise from that contemplated by the rule; that is, for the plaintiff to have her costs paid on an indemnity basis from 29 March 2025. The rule confers a conditional entitlement to indemnity costs subject to the discretion to order otherwise.

  5. [5]

    The defendant says that the plaintiff ought not to have brought the case, that she should pay her own costs, that the offer was not reasonable and that she lied throughout the Court proceedings.

  6. [6]

    I have found for the plaintiff and found her to be a witness of truth. Ordinarily a successful plaintiff gets her costs of the proceedings. No other reasons have been proffered by the defendant, who appears in person, for me to otherwise order. I will thus make the order sought by the plaintiff, that the defendant pay her costs until 28 March 2025 on the ordinary basis and thereafter on an indemnity basis.

  7. [7]

    The plaintiff also seeks an order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), pseudonymising the name of the defendant, who is her father. She relies on ss (a) and (e) of that section of the Act, ie, that the order is necessary to prevent prejudice to the administration of justice and that it is in the public interest for the order to be made and that the public interest significantly outweighs the public interest in open justice.

  8. [8]

    I am satisfied that such an order is necessary to prevent prejudice to the administration of justice, that it is in the public interest and that it significantly outweighs the public interest in open justice so that undue distress and embarrassment will not be occasioned to the plaintiff in light of the allegations of a sexual nature that have been proved in the substantive proceedings. I observe that the defendant does not oppose that order.

  9. [9]

    I make the following orders:-

    1. (1)

      The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 28 March 2024.

    2. (2)

      The defendant is to pay the plaintiff's costs of the proceedings on an indemnity basis from 29 March 2024.

    3. (3)

      That the defendant in the proceedings:

    4. (4)

      That the name of the proceedings be referred to as "BDS2 v CEG2".

    5. (5)

      That until the death of the defendant or until further order of the Court, whichever is the sooner to occur, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), that publication of the name of the defendant and any information tending to reveal the identity of the defendant be prohibited except as may be necessary for the proper conduct of the proceedings upon the grounds that the order is necessary to prevent prejudice to the proper administration of justice and it is otherwise necessary in the public interest for the order to be made and the public interest significantly outweighs the public interest in open justice.

    6. (6)

      This order is to apply throughout the Commonwealth of Australia.

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.