Tobin & Anor v Ezekiel & Anor [2006] NSWSC 694

Tobin & Anor v Ezekiel & Anor [2006] NSWSC 694

The caveat claimed an insupportable caveatable interest, the plaintiffs did not justify it, and its lodgement and refusal to remove it needlessly forced the defendants to come to Court and interfered with the mortgage. That conduct constituted sufficient delinquency to justify indemnity costs, and the same circumstances justified payment forthwith upon agreement or assessment.

Jurisdiction
Australia
Judgment Date
06 July 2006
Procedural Posture
Equity Division Proceedings Concerning Removal of a Caveat and Costs / Notice of Motion; Costs Determination After Substantive Issue Resolved by Proposed Consent Orders
Outcome
Plaintiffs ordered to pay defendants' costs on an indemnity basis upon assessment or agreement.
Legal Topics
['indemnity Costs' 'caveats' 'removal of Caveat' 'interlocutory Costs' 'probate' 'family Provision']
['civil Procedure' 'costs' 'equity' 'property' 'succession'] ['indemnity Costs' 'caveats' 'removal of Caveat' 'interlocutory Costs' 'probate' 'family Provision']

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Procedural Posture

Equity Division Proceedings Concerning Removal of a Caveat and Costs / Notice of Motion; Costs Determination After Substantive Issue Resolved by Proposed Consent Orders

Legal Issues

  1. 1 ["Whether the plaintiffs should pay the defendants' costs on an indemnity basis for lodging and refusing to remove an insupportable caveat." 'Whether indemnity costs should be payable forthwith upon agreement or assessment rather than at the end of the proceedings.']

Ratio Decidendi

The caveat claimed an insupportable caveatable interest, the plaintiffs did not justify it, and its lodgement and refusal to remove it needlessly forced the defendants to come to Court and interfered with the mortgage. That conduct constituted sufficient delinquency to justify indemnity costs, and the same circumstances justified payment forthwith upon agreement or assessment.

Court Disposition

Plaintiffs ordered to pay defendants' costs on an indemnity basis upon assessment or agreement.

Orders

  • ["The plaintiffs are to pay the defendants' costs on an indemnity basis forthwith upon agreement or assessment."]