Fatseas v Fatseas bht Basha (No 3) [2022] NSWSC 566

Fatseas v Fatseas bht Basha (No 3) [2022] NSWSC 566

Because Stella conceded the binding effect of the Heads of Agreement only at the hearing and John succeeded on the proper construction, she should pay his costs of the Amended Notice of Motion. However, as each party had partial success on Stella's Notice of Motion, there should be no order as to costs for that motion.

Jurisdiction
Australia
Judgment Date
10 May 2022
Procedural Posture
Equity Probate List / Costs Determination Following Competing Notices of Motion
Outcome
Plaintiff to pay first defendant's costs of Amended Notice of Motion; no order as to costs of plaintiff's motion
Legal Topics
['costs' 'notice of Motion' 'binding Agreement' 'specific Enforcement']
['equity' 'probate'] ['costs' 'notice of Motion' 'binding Agreement' 'specific Enforcement']

Case Brief

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Procedural Posture

Equity Probate List / Costs Determination Following Competing Notices of Motion

Legal Issues

  1. 1 ['Whether the Heads of Agreement constituted a binding contract' 'Proper construction of the Heads of Agreement' 'Entitlement to costs of competing notices of motion']

Ratio Decidendi

Because Stella conceded the binding effect of the Heads of Agreement only at the hearing and John succeeded on the proper construction, she should pay his costs of the Amended Notice of Motion. However, as each party had partial success on Stella's Notice of Motion, there should be no order as to costs for that motion.

Court Disposition

Plaintiff to pay first defendant's costs of Amended Notice of Motion; no order as to costs of plaintiff's motion

Orders

  • ["Plaintiff to pay first defendant's costs of the first defendant's Amended Notice of Motion filed 6 April 2022." "No order as to the costs of the plaintiff's Notice of Motion filed 12 April 2022; each party to pay their own costs of that motion." 'If the suggested order concerning statutory trustees is agreed, it...