Sckaff v Sckaff (No 2) [2024] NSWCA 225

Sckaff v Sckaff (No 2) [2024] NSWCA 225

Neither party was awarded costs at first instance as each had partial but incomplete success and unresolved offers did not justify a departure from the ordinary position. The appeal costs were awarded to the successful appellants on the ordinary (not indemnity) basis and there was no justification for stay, set-off, or interest orders.

Parties
First Appellant: Richard Sckaff; Second Appellant: Nada Sckaff; First Respondent: George Sckaff; Second Respondent: Anne Thompson
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Appeal / Costs Judgment Following Substantive Appeal Decision
Outcome
Orders made as per reasons; no order as to costs at first instance, respondents to give up possession, appeal costs to appellants, partial further orders costs to respondents.
Legal Topics
Costs, Possession of Property, Equitable Compensation, Offers of Compromise
Equity Civil Procedure Costs Possession of Property Equitable Compensation Offers of Compromise

Case Brief

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Parties

Richard Sckaff

First Appellant

Nada Sckaff

Second Appellant

George Sckaff

First Respondent

Anne Thompson

Second Respondent

Procedural Posture

Appeal / Costs Judgment Following Substantive Appeal Decision

Legal Issues

  1. 1 Appropriate orders as to costs at first instance and on appeal
  2. 2 Whether Calderbank offers justified indemnity costs
  3. 3 Whether stay or set-off should be ordered against obligation to pay equitable compensation

Ratio Decidendi

Neither party was awarded costs at first instance as each had partial but incomplete success and unresolved offers did not justify a departure from the ordinary position. The appeal costs were awarded to the successful appellants on the ordinary (not indemnity) basis and there was no justification for stay, set-off, or interest orders.

Court Disposition

Orders made as per reasons; no order as to costs at first instance, respondents to give up possession, appeal costs to appellants, partial further orders costs to respondents.

Orders

  • Declare that the appellants are entitled to possession of the property at [No 6] (the Property).
  • Order that within 90 days, the respondents give to the appellants vacant possession of the Property in good order and condition.