Duffy & 2 Ors v Duffy & Anor [1999] NSWSC 63

Duffy & 2 Ors v Duffy & Anor [1999] NSWSC 63

The circumstances warranted departure from the usual party/party costs order because the first defendant unreasonably obstructed the sale, refused to vacate, failed to proceed after two opportunities to buy the property, had legal advice when proceedings were commenced, adopted an unrealistic stance, and caused delay in administration of the estate by the plaintiffs as trustees.

Jurisdiction
Australia
Judgment Date
15 February 1999
Procedural Posture
Common Law Division Application for Indemnity Costs / After Judgment Striking Out the First Defendant's Defence and Entering Judgment for Possession
Outcome
The plaintiffs' application for indemnity costs against the first defendant was granted.
Legal Topics
['indemnity Costs' 'possession of Land' 'administration of Estate' 'obstruction of Sale']
['civil Procedure' 'costs' 'estates and Trusts' 'real Property'] ['indemnity Costs' 'possession of Land' 'administration of Estate' 'obstruction of Sale']

Case Brief

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Procedural Posture

Common Law Division Application for Indemnity Costs / After Judgment Striking Out the First Defendant's Defence and Entering Judgment for Possession

Legal Issues

  1. 1 ["Whether the first defendant should pay the plaintiffs' costs on an indemnity basis rather than on the usual party/party basis."]

Ratio Decidendi

The circumstances warranted departure from the usual party/party costs order because the first defendant unreasonably obstructed the sale, refused to vacate, failed to proceed after two opportunities to buy the property, had legal advice when proceedings were commenced, adopted an unrealistic stance, and caused delay in administration of the estate by the plaintiffs as trustees.

Court Disposition

The plaintiffs' application for indemnity costs against the first defendant was granted.

Orders

  • ["The first defendant is to pay the plaintiffs' costs on an indemnity basis, including the costs of today."]