James Woodward Neale v Bank of Western Australia Ltd; Bank of Western Australia Ltd v James Woodward Neale [2014] NSWSC 750

James Woodward Neale v Bank of Western Australia Ltd; Bank of Western Australia Ltd v James Woodward Neale [2014] NSWSC 750

The Commonwealth Bank and Secured Global Opportunity Limited were entitled to indemnity costs for the proceedings brought by them because those costs fell within acting in connection with the Facility Documents under clause 12.1 of the General Terms, but they were not entitled to indemnity costs for the proceedings brought by Mr Neale and dismissed; those costs were recoverable only on the ordinary basis.

Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Equity Division Commercial List Consolidated Proceedings / Costs and Final Orders After Judgment
Outcome
Judgment entered for Secured Global Opportunity Limited, possession ordered, cross-claim and Mr Neale's proceedings dismissed, and costs ordered on different bases for the consolidated proceedings.
Legal Topics
['indemnity Costs' 'ordinary Costs' 'facility Documents' 'judgment Debt Interest' 'possession of Land']
['civil Procedure' 'costs' 'banking and Finance' 'mortgage Enforcement'] ['indemnity Costs' 'ordinary Costs' 'facility Documents' 'judgment Debt Interest' 'possession of Land']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Division Commercial List Consolidated Proceedings / Costs and Final Orders After Judgment

Legal Issues

  1. 1 ['Whether the Commonwealth Bank and Secured Global Opportunity Limited were entitled to costs of the consolidated proceedings on an indemnity basis under the General Terms for Business Lending.' 'Whether costs of the proceedings brought by Mr Neale should be awarded on an indemnity basis or the ordinary basis.']

Ratio Decidendi

The Commonwealth Bank and Secured Global Opportunity Limited were entitled to indemnity costs for the proceedings brought by them because those costs fell within acting in connection with the Facility Documents under clause 12.1 of the General Terms, but they were not entitled to indemnity costs for the proceedings brought by Mr Neale and dismissed; those costs were recoverable only on the ordinary basis.

Court Disposition

Judgment entered for Secured Global Opportunity Limited, possession ordered, cross-claim and Mr Neale's proceedings dismissed, and costs ordered on different bases for the consolidated proceedings.

Orders

  • ['Judgment for Secured Global Opportunity Limited against James Woodward Neale and J W Neale Pty Ltd ACN 001 839 854 (Receivers and Managers appointed) in the sum of $31,552,497 as at 3 November 2013 in no. 401621 of 2011.' 'As and from 4 November 2013, interest be payable on the amount of $31,552,497 under section...