HURT & ORS v FREEMAN & ANOR [2002] NSWSC 1145

HURT & ORS v FREEMAN & ANOR [2002] NSWSC 1145

NAFM, as Second Defendant, adopted a combative posture inappropriate to a custodian and unsuccessfully resisted the Notice of Motion, justifying an order for costs against it as an unsuccessful litigant.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Notice of Motion (costs Application) / Final Determination of Costs Following Resolution of Principal Claims by Agreement
Outcome
Second Defendant to pay plaintiffs' costs of the Notice of Motion of 4 August 2002.
Legal Topics
['constructive Trust' 'remedies' 'tracing' 'joinder of Parties' 'custodian Obligations' 'costs Orders']
['equity' 'costs'] ['constructive Trust' 'remedies' 'tracing' 'joinder of Parties' 'custodian Obligations' 'costs Orders']

Case Brief

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Procedural Posture

Notice of Motion (costs Application) / Final Determination of Costs Following Resolution of Principal Claims by Agreement

Legal Issues

  1. 1 ['Entitlement of plaintiffs to costs against Second Defendant for resisting Notice of Motion involving attaching proceeds of policy' 'Appropriate conduct of custodian/respondent in litigation involving constructive trust remedies']

Ratio Decidendi

NAFM, as Second Defendant, adopted a combative posture inappropriate to a custodian and unsuccessfully resisted the Notice of Motion, justifying an order for costs against it as an unsuccessful litigant.

Court Disposition

Second Defendant to pay plaintiffs' costs of the Notice of Motion of 4 August 2002.

Orders

  • ["Order that the Second Defendant pay the plaintiffs' costs of the Notice of Motion of 4 August 2002."]