Michael Kuehn & Jennifer Kuehn v Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd - Costs [2020] NSWSC 1130

Michael Kuehn & Jennifer Kuehn v Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd - Costs [2020] NSWSC 1130

The first defendant is to pay the plaintiffs’ costs of its failed motion. The plaintiffs are to pay the costs of the second, third, and fourth defendants of the proceedings (other than certain motions), such that each of those parties otherwise bears their own costs. The proceedings are to be transferred to the NSW Civil and Administrative Tribunal, as the sole purpose of transfer to this Court had been determined and the lawyers are no longer parties.

Parties
First Plaintiff: Michael Kuehn; Second Plaintiff: Jennifer Kuehn; First Defendant: Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd; Second Defendant: MTV Legal Pty Ltd t/as MGV Lawyers; Third Defendant: Michael Gerard Vitagliani; Fourth Defendant: Erin Glover
Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Equity Technology and Construction List / Costs Determination and Transfer of Proceedings
Outcome
Proceedings against the second, third, and fourth defendants dismissed; costs orders made; proceedings transferred to NSW Civil and Administrative Tribunal.
Legal Topics
Multi Party Costs, Proceedings Transfer, Damages, Jurisdiction of NCAT, Dismissal of Proceedings Against Lawyers
Civil Procedure Costs Equity Multi Party Costs Proceedings Transfer Damages Jurisdiction of NCAT Dismissal of Proceedings Against Lawyers

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Parties

Michael Kuehn

First Plaintiff

Jennifer Kuehn

Second Plaintiff

Masterton Homes (NSW) Pty Ltd t/as Masterton Homes (NSW) Pty Ltd

First Defendant

MTV Legal Pty Ltd t/as MGV Lawyers

Second Defendant

Michael Gerard Vitagliani

Third Defendant

Erin Glover

Fourth Defendant

Procedural Posture

Equity Technology and Construction List / Costs Determination and Transfer of Proceedings

Legal Issues

  1. 1 Whether the first defendant should pay the plaintiffs’ costs of its motion filed 15 May 2020
  2. 2 Whether the plaintiffs should pay the costs of the second, third, and fourth defendants
  3. 3 Whether indemnity costs should be ordered for the fourth defendant

Ratio Decidendi

The first defendant is to pay the plaintiffs’ costs of its failed motion. The plaintiffs are to pay the costs of the second, third, and fourth defendants of the proceedings (other than certain motions), such that each of those parties otherwise bears their own costs. The proceedings are to be transferred to the NSW Civil and Administrative Tribunal, as the sole purpose of transfer to this Court had been determined and the lawyers are no longer parties.

Court Disposition

Proceedings against the second, third, and fourth defendants dismissed; costs orders made; proceedings transferred to NSW Civil and Administrative Tribunal.

Orders

  • The proceedings against the second defendant, third defendant and fourth defendant are dismissed.
  • The first defendant is to pay the plaintiffs' costs of the first defendant's motion filed 15 May 2020.