Sarkis v TFM Rushcutters Bay Land Pty Ltd [2021] NSWSC 1290

Sarkis v TFM Rushcutters Bay Land Pty Ltd [2021] NSWSC 1290

Neither party could be truly regarded as the winner; both acted reasonably. Therefore, the appropriate order is that the costs of each party be that party's costs on the Cross-Claim.

Parties
Plaintiff/first Cross Defendant: George Sarkis; First Defendant/second Cross Defendant: TFM Rushcutters Bay Land Pty Ltd; Second Defendant/cross Claimant: ALS256 Pty Ltd
Jurisdiction
Australia
Judgment Date
12 October 2021
Procedural Posture
Equity / Costs Ruling Following Motion for Leave to File Cross Claim
Outcome
The costs of each party be that party's costs on the Cross-Claim.
Legal Topics
Motion for Leave to File Cross Claim, Objection to Form of Pleading, Costs Decision
Costs Motion for Leave to File Cross Claim Objection to Form of Pleading Costs Decision

Case Brief

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Parties

George Sarkis

Plaintiff/first Cross Defendant

TFM Rushcutters Bay Land Pty Ltd

First Defendant/second Cross Defendant

ALS256 Pty Ltd

Second Defendant/cross Claimant

Procedural Posture

Equity / Costs Ruling Following Motion for Leave to File Cross Claim

Legal Issues

  1. 1 Appropriate order for costs following motion for leave to file cross-claim with mixed results

Ratio Decidendi

Neither party could be truly regarded as the winner; both acted reasonably. Therefore, the appropriate order is that the costs of each party be that party's costs on the Cross-Claim.

Court Disposition

The costs of each party be that party's costs on the Cross-Claim.

Orders

  • The costs of each party be that party's costs on the Cross-Claim.