Westfield QLD No. 1 Pty Limited & Anor v Lend Lease Real Estate Investments Limited & Ors [2008] NSWSC 610

Westfield QLD No. 1 Pty Limited & Anor v Lend Lease Real Estate Investments Limited & Ors [2008] NSWSC 610

The proceedings were not proper trust administration proceedings but adversarial litigation by commercial parties; as such, the usual costs rule applies and plaintiffs as unsuccessful parties are to pay the first defendant's costs. Third and fourth defendants, entitled to indemnity costs, should have their costs paid by plaintiffs to prevent detriment to other trust beneficiaries.

Jurisdiction
Australia
Judgment Date
18 June 2008
Procedural Posture
Costs Ruling, Commercial List, Equity Division / Post Judgment Costs Determination
Outcome
Proceedings dismissed. Plaintiffs to pay first defendant's costs; plaintiffs to pay third and fourth defendants’ costs on an indemnity basis.
Legal Topics
['costs' 'trusts' 'indemnity Costs' 'trustee Rights']
['equity' 'civil Procedure'] ['costs' 'trusts' 'indemnity Costs' 'trustee Rights']

Case Brief

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Procedural Posture

Costs Ruling, Commercial List, Equity Division / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Proper characterisation of proceedings for costs purposes' 'Whether costs should be paid by plaintiffs or from trust assets' 'Entitlement to indemnity costs for third and fourth defendants']

Ratio Decidendi

The proceedings were not proper trust administration proceedings but adversarial litigation by commercial parties; as such, the usual costs rule applies and plaintiffs as unsuccessful parties are to pay the first defendant's costs. Third and fourth defendants, entitled to indemnity costs, should have their costs paid by plaintiffs to prevent detriment to other trust beneficiaries.

Court Disposition

Proceedings dismissed. Plaintiffs to pay first defendant's costs; plaintiffs to pay third and fourth defendants’ costs on an indemnity basis.

Orders

  • ['The proceedings are dismissed' "The plaintiffs are to pay the first defendant's cost of the proceedings" 'The plaintiffs are to pay the third and fourth defendants costs of the proceedings on an indemnity basis']