Larapinta Project Pty Ltd v Acumen Finance Pty Ltd [2020] NSWSC 1078

Larapinta Project Pty Ltd v Acumen Finance Pty Ltd [2020] NSWSC 1078

As the withdrawal of caveats and provision of alternative security was a negotiated compromise, and because the outcome of the related County Court of Victoria proceedings will inform which party's position on the caveats was justified, determination of costs should be deferred and costs reserved until after the County Court decision.

Jurisdiction
Australia
Judgment Date
17 August 2020
Procedural Posture
Summons to Remove Caveats / Costs Determination, Post Substantive Compromise; Costs Reserved Pending Outcome of Related County Court Case
Outcome
Costs reserved.
Legal Topics
['costs' 'caveats' 'security for Claim' 'finance Broking Agreements']
['equity' 'property Law'] ['costs' 'caveats' 'security for Claim' 'finance Broking Agreements']

Case Brief

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Procedural Posture

Summons to Remove Caveats / Costs Determination, Post Substantive Compromise; Costs Reserved Pending Outcome of Related County Court Case

Legal Issues

  1. 1 ['Whether costs should be awarded following compromise and withdrawal of caveats pending related proceedings']

Ratio Decidendi

As the withdrawal of caveats and provision of alternative security was a negotiated compromise, and because the outcome of the related County Court of Victoria proceedings will inform which party's position on the caveats was justified, determination of costs should be deferred and costs reserved until after the County Court decision.

Court Disposition

Costs reserved.

Orders

  • ['Costs of these proceedings reserved.' 'Liberty to apply after the conclusion of the County Court proceedings if the issue remains unresolved.']