Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd [2019] NSWSC 911

Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd [2019] NSWSC 911

The plaintiff was entitled to its costs because its notice of motion was not precipitous but was an effort to resolve an unresolved problem concerning items left on the property after possession had passed to the plaintiff, following months of attempts to resolve the matter by correspondence. However, nothing justified the exceptional step of indemnity costs, and costs were not ordered against the directors because they were not joined as respondents to the plaintiff's motion and were not formally moving parties on the defendant's motion.

Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Costs Determination in Proceedings Concerning Disposal of Goods Left on Property After Possession Was Obtained by a Mortgagee / On the Papers After Opposing Notices of Motion Were Resolved by Consent Orders, With Costs Reserved
Outcome
Reavill Farm Pty Ltd must pay Southern Cross Credit Union Ltd's costs on the ordinary basis of the proceedings before Button J resolved by the judgment of 21 June 2019.
Legal Topics
['party/party Costs' 'ordinary Basis Costs' 'indemnity Costs' 'mortgagee in Possession' 'uncollected Goods' 'writ for Possession of Land' 'notice of Motion']
['costs' 'civil Procedure' 'property Law' 'mortgages'] ['party/party Costs' 'ordinary Basis Costs' 'indemnity Costs' 'mortgagee in Possession' 'uncollected Goods' 'writ for Possession of Land' 'notice of Motion']

Case Brief

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Procedural Posture

Costs Determination in Proceedings Concerning Disposal of Goods Left on Property After Possession Was Obtained by a Mortgagee / On the Papers After Opposing Notices of Motion Were Resolved by Consent Orders, With Costs Reserved

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs of the proceedings before Button J." 'Whether costs should be awarded on an indemnity basis or the ordinary basis.' "Whether costs should be ordered against the defendant's directors, who were not joined as respondents to the plaintiff's motion." "Whether the plaintiff's notice of motion under the Uncollected Goods Act 1995 (NSW) was premature or procedurally defective."]

Ratio Decidendi

The plaintiff was entitled to its costs because its notice of motion was not precipitous but was an effort to resolve an unresolved problem concerning items left on the property after possession had passed to the plaintiff, following months of attempts to resolve the matter by correspondence. However, nothing justified the exceptional step of indemnity costs, and costs were not ordered against the directors because they were not joined as respondents to the plaintiff's motion and were not formally moving parties on the defendant's motion.

Court Disposition

Reavill Farm Pty Ltd must pay Southern Cross Credit Union Ltd's costs on the ordinary basis of the proceedings before Button J resolved by the judgment of 21 June 2019.

Orders

  • ['Reavill Farm Pty Ltd (the defendant) must pay the costs on the ordinary basis to Southern Cross Credit Union Ltd (the plaintiff) of the proceedings before me that were resolved by my judgment of 21 June 2019.']