Lowe v Lowe [2006] NSWSC 1193

Lowe v Lowe [2006] NSWSC 1193

Because the defendant's resistance to withdrawing the caveat was misguided and the defence would have been hopeless, it was reasonable for the plaintiff to commence proceedings, and the defendant must pay the plaintiff's costs.

Jurisdiction
Australia
Judgment Date
12 October 2006
Procedural Posture
Proceedings for Withdrawal of Caveat / Post Settlement, Costs Determination
Outcome
Summons dismissed; defendant to pay plaintiff's costs.
Legal Topics
['costs' 'caveat Withdrawal' 'property Law' 'civil Procedure']
['equity'] ['costs' 'caveat Withdrawal' 'property Law' 'civil Procedure']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceedings for Withdrawal of Caveat / Post Settlement, Costs Determination

Legal Issues

  1. 1 ['Whether the plaintiff should be awarded costs following settlement of caveat withdrawal proceedings']

Ratio Decidendi

Because the defendant's resistance to withdrawing the caveat was misguided and the defence would have been hopeless, it was reasonable for the plaintiff to commence proceedings, and the defendant must pay the plaintiff's costs.

Court Disposition

Summons dismissed; defendant to pay plaintiff's costs.

Orders

  • ['Summons dismissed' "Defendant to pay plaintiff's costs of the proceedings" 'Exhibits may be returned']