Horswill v McClellan (No 2) [2019] NSWSC 964

Horswill v McClellan (No 2) [2019] NSWSC 964

The first defendant's resistance, while ultimately unsuccessful and lacking strength, was not unreasonable so as to warrant an order for indemnity costs; the plaintiffs have not shown that the resistance amounted to relevant delinquency or exposed them to unnecessary legal costs.

Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Equity Proceedings / Post Judgment Costs Application
Outcome
First defendant ordered to pay the plaintiffs' costs of the proceedings on the ordinary basis.
Legal Topics
['costs' 'specific Performance' 'sale of Land' 'oral Agreement' 'part Performance' 'indemnity Costs']
['equity'] ['costs' 'specific Performance' 'sale of Land' 'oral Agreement' 'part Performance' 'indemnity Costs']

Case Brief

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Procedural Posture

Equity Proceedings / Post Judgment Costs Application

Legal Issues

  1. 1 ["Whether the first defendant should pay the plaintiffs' costs on an indemnity basis following unsuccessful resistance to a claim for specific performance of an oral agreement for the sale of land"]

Ratio Decidendi

The first defendant's resistance, while ultimately unsuccessful and lacking strength, was not unreasonable so as to warrant an order for indemnity costs; the plaintiffs have not shown that the resistance amounted to relevant delinquency or exposed them to unnecessary legal costs.

Court Disposition

First defendant ordered to pay the plaintiffs' costs of the proceedings on the ordinary basis.

Orders

  • ["Order that the first defendant pay the plaintiffs' costs of the proceedings on the ordinary basis."]