First Mortgage Capital Pty Ltd v Westpac Banking Corporation Ltd (No 2) [2022] NSWSC 264

There was no clearly successful party between the plaintiff and the cross-claimants and no conduct by the cross-claimants or Westpac justifying a costs order against them; therefore, each party should bear its own costs.

Parties: Plaintiff/first Cross Defendant: First Mortgage Capital Pty Ltd; First Defendant/second Cross Defendant: Westpac Banking Corporation Ltd; Second Defendant/first Cross Claimant: Zufaidah Binte Juri; Third Defendant/second Cross Claimant: Sheik Taleb Bin Sheik Husain; Fourth Defendant: Jude Thaddeus Albert; Third Cross Defendant: Commonwealth Bank of Australia Ltd
Jurisdiction: Australia
Judgment Date: 14 March 2022
Procedural Posture: Costs Application / Post Judgment, on the Papers
Outcome: No order as to costs; each party to bear its own costs.
Legal Topics: Costs

Equity Costs

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

First Mortgage Capital Pty Ltd

Plaintiff/first Cross Defendant

Westpac Banking Corporation Ltd

First Defendant/second Cross Defendant

Zufaidah Binte Juri

Second Defendant/first Cross Claimant

Sheik Taleb Bin Sheik Husain

Third Defendant/second Cross Claimant

Jude Thaddeus Albert

Fourth Defendant

Commonwealth Bank of Australia Ltd

Third Cross Defendant

Procedural Posture

Costs Application / Post Judgment, on the Papers

Legal Issues

1 Whether costs should be ordered against cross-claimants or Westpac
2 Whether there was a clearly successful party in the main proceedings

Ratio Decidendi

Court Disposition

No order as to costs; each party to bear its own costs.

Orders

There be no order as to costs, to the intent that each party bear its own costs of the proceedings.