Vannella Pty Limited v TFM Epping Land Pty Limited (No 2) [2020] NSWSC 1172

Vannella Pty Limited v TFM Epping Land Pty Limited (No 2) [2020] NSWSC 1172

Given both sides acted reasonably, the dismissal of the motions did not constitute a win or loss, and because no substantive determination was made, the just order is that each party bears its own costs.

Jurisdiction
Australia
Judgment Date
31 August 2020
Procedural Posture
Costs Application in Equity Proceedings / Post Motion, Following Dismissal by Consent of Notices of Motion
Outcome
No order as to costs; each party bears own costs; notices of motion dismissed by consent.
Legal Topics
['costs' 'caveats' 'voluntary Administration' 'receivership']
['equity' 'civil Procedure'] ['costs' 'caveats' 'voluntary Administration' 'receivership']

Case Brief

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Procedural Posture

Costs Application in Equity Proceedings / Post Motion, Following Dismissal by Consent of Notices of Motion

Legal Issues

  1. 1 ['Whether there should be an order as to costs following dismissal by consent of two motions regarding extension and lodgement of caveats.']

Ratio Decidendi

Given both sides acted reasonably, the dismissal of the motions did not constitute a win or loss, and because no substantive determination was made, the just order is that each party bears its own costs.

Court Disposition

No order as to costs; each party bears own costs; notices of motion dismissed by consent.

Orders

  • ["The second plaintiff's notice of motion filed on 17 July 2020 is dismissed with no order as to costs." "The second plaintiff's notice of motion filed on 12 August 2020 is dismissed with no order as to costs."]