Sijabat v Cussen [2018] NSWSC 847

Sijabat v Cussen [2018] NSWSC 847

The defendants, having lodged and maintained caveats without producing cogent evidence to support any charge over the property, and maintaining those caveats in the face of plaintiffs' challenges and reasonable proposals, acted unreasonably. The commencement of proceedings was warranted by the defendants' conduct and refusal to cooperate. The defendants' unreasonable conduct up to and including withdrawal of the caveats justifies an order that they pay the plaintiffs' costs on an indemnity basis.

Jurisdiction
Australia
Judgment Date
06 June 2018
Procedural Posture
Equity / Costs Determination Following the Withdrawal of Caveats and Cessation of Substantive Proceedings
Outcome
Defendants ordered to pay plaintiffs' costs of proceedings on an indemnity basis.
Legal Topics
['costs' 'caveats' 'indemnity Costs' 'unreasonable Maintenance of Caveats' 'removal of Caveats']
['equity'] ['costs' 'caveats' 'indemnity Costs' 'unreasonable Maintenance of Caveats' 'removal of Caveats']

Case Brief

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Procedural Posture

Equity / Costs Determination Following the Withdrawal of Caveats and Cessation of Substantive Proceedings

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to indemnity costs following withdrawal of caveats by defendants' 'Whether defendants maintained caveats without reasonable cause and in the face of requests for their withdrawal' 'Whether the conduct of the defendants was unreasonable to an extent warranting an order for indemnity costs']

Ratio Decidendi

The defendants, having lodged and maintained caveats without producing cogent evidence to support any charge over the property, and maintaining those caveats in the face of plaintiffs' challenges and reasonable proposals, acted unreasonably. The commencement of proceedings was warranted by the defendants' conduct and refusal to cooperate. The defendants' unreasonable conduct up to and including withdrawal of the caveats justifies an order that they pay the plaintiffs' costs on an indemnity basis.

Court Disposition

Defendants ordered to pay plaintiffs' costs of proceedings on an indemnity basis.

Orders

  • ["Defendants pay plaintiffs' costs of the proceedings on an indemnity basis."]