Leasi v Fono [2018] NSWSC 1280

Leasi v Fono [2018] NSWSC 1280

Although approaching the Court was necessary because the co-owners could not agree on a regime for sale and neither side acted unreasonably in failing to reach agreement, the plaintiffs' lengthy affidavit about the breakdown of the parties' relationship was unnecessary and unreasonable for a summons seeking only appointment of a trustee for sale. In the exercise of the costs discretion, it was therefore appropriate that each party bear their own costs.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Costs in Proceedings for Appointment of a Trustee for Sale Under S 66 G of the Conveyancing Act 1919 (nsw) / On the Papers After Settlement Save as to Costs
Outcome
Each party to bear their own costs of the proceedings.
Legal Topics
['co Owners of Property' 'appointment of Trustee for Sale' 'costs Discretion' 'unnecessary and Unreasonable Evidence']
['equity' 'costs' 'property Law'] ['co Owners of Property' 'appointment of Trustee for Sale' 'costs Discretion' 'unnecessary and Unreasonable Evidence']

Case Brief

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Procedural Posture

Costs in Proceedings for Appointment of a Trustee for Sale Under S 66 G of the Conveyancing Act 1919 (nsw) / On the Papers After Settlement Save as to Costs

Legal Issues

  1. 1 ['What costs order should be made where co-owners settled proceedings for appointment of a trustee for sale save as to costs.' 'Whether the defendants unreasonably withheld consent to sale of the property, forcing the plaintiffs to commence proceedings.' "Whether the plaintiffs' evidence was unnecessary and unreasonable such that the defendants should not bear its costs."]

Ratio Decidendi

Although approaching the Court was necessary because the co-owners could not agree on a regime for sale and neither side acted unreasonably in failing to reach agreement, the plaintiffs' lengthy affidavit about the breakdown of the parties' relationship was unnecessary and unreasonable for a summons seeking only appointment of a trustee for sale. In the exercise of the costs discretion, it was therefore appropriate that each party bear their own costs.

Court Disposition

Each party to bear their own costs of the proceedings.

Orders

  • ['Order made that each party bear their own costs of the proceedings.']