Odelli v Gabrielle (No 2) [2024] NSWSC 768

Given that the cross-claim was the principal claim and its failure substantially determined the proceedings, common costs should follow the cross-claim.

Parties: Plaintiff/cross Defendant: Edda Odelli; Defendant/cross Claimant: Chakib Carlo Gabrielle
Jurisdiction: Australia
Judgment Date: 21 June 2024
Procedural Posture: Civil / Post Trial (costs Ruling)
Outcome: Plaintiff's claim dismissed; Defendant to pay Plaintiff's costs of the proceedings except those solely referable to the Plaintiff's claim; No order as to costs solely referable to Plaintiff's claim.
Legal Topics: Costs, Co Ownership, Appointment of Trustee for Sale, Trust Claims

Equity Real Property Costs Co Ownership Appointment of Trustee for Sale Trust Claims

Case Brief

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Parties

Edda Odelli

Plaintiff/cross Defendant

Chakib Carlo Gabrielle

Defendant/cross Claimant

Procedural Posture

Civil / Post Trial (costs Ruling)

Legal Issues

1 How should costs be allocated between the claim and the cross-claim?
2 Should common costs follow the cross-claim or the claim?
3 Are there grounds for departing from the general rule that costs follow the event?

Ratio Decidendi

Given that the cross-claim was the principal claim and its failure substantially determined the proceedings, common costs should follow the cross-claim.

Court Disposition

Plaintiff's claim dismissed; Defendant to pay Plaintiff's costs of the proceedings except those solely referable to the Plaintiff's claim; No order as to costs solely referable to Plaintiff's claim.

Orders

Order that the plaintiff's claim be dismissed.
Order that the defendant pay the plaintiff's costs of the proceedings, except costs solely referable to the plaintiff's claim.