Evagelakos v UPG 318 Pty Ltd (No 2) [2024] NSWSC 1268

Evagelakos v UPG 318 Pty Ltd (No 2) [2024] NSWSC 1268

Costs orders should reflect the parties' respective success: the first defendant (purchaser) is to pay the plaintiffs' costs up to and including 22 July 2024, as it did not contest specific performance; the plaintiffs are to pay the second defendant's (guarantor) costs, as the plaintiffs failed on the central issue of specific performance against him and his position prevailed.

Parties
First Plaintiff: Spiro Evagelakos; Second Plaintiff: Helen Evagelakos; First Defendant: UPG 318 Pty Ltd; Second Defendant: Bhart Bhushan
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Equity Expedition List / Costs Order After Merits Judgment
Outcome
Costs orders made in accordance with parties' relative success.
Legal Topics
Costs, Specific Performance, Guarantee, Contract for Sale of Land
Equity Civil Procedure Costs Specific Performance Guarantee Contract for Sale of Land

Case Brief

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Parties

Spiro Evagelakos

First Plaintiff

Helen Evagelakos

Second Plaintiff

UPG 318 Pty Ltd

First Defendant

Bhart Bhushan

Second Defendant

Procedural Posture

Equity Expedition List / Costs Order After Merits Judgment

Legal Issues

  1. 1 Whether costs should follow the event in circumstances where specific performance was granted against purchaser but not guarantor
  2. 2 Interpretation of the guarantee as it impacts liability for costs

Ratio Decidendi

Costs orders should reflect the parties' respective success: the first defendant (purchaser) is to pay the plaintiffs' costs up to and including 22 July 2024, as it did not contest specific performance; the plaintiffs are to pay the second defendant's (guarantor) costs, as the plaintiffs failed on the central issue of specific performance against him and his position prevailed.

Court Disposition

Costs orders made in accordance with parties' relative success.

Orders

  • Order the first defendant to pay the plaintiffs' costs of the proceedings up to and including 22 July 2024.
  • Order the plaintiffs to pay the second defendant's costs of the proceedings.