Amit Laundry Pty Ltd v Jain (No 2) [2017] NSWSC 1603

Given both parties had a partial measure of success and the main issues were intertwined, a broad-brush approach is warranted: each party bears their own costs of the substantive proceedings, but the defendant pays the plaintiff's costs of the interlocutory hearing due to his unsuccessful position on possession.

Parties: Plaintiff: Amit Laundry Pty Ltd; Defendant: Rajil Jain
Jurisdiction: Australia
Judgment Date: 24 November 2017
Procedural Posture: Equity / Interlocutory and Final Costs Determination
Outcome: Costs partly awarded.
Legal Topics: Costs, Resulting Trusts, Ownership of Land, Vacant Possession

Equity Costs Resulting Trusts Ownership of Land Vacant Possession

Case Brief

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Parties

Amit Laundry Pty Ltd

Plaintiff

Rajil Jain

Defendant

Procedural Posture

Equity / Interlocutory and Final Costs Determination

Legal Issues

1 Which party is entitled to costs following a partially successful claim regarding beneficial ownership of property under a resulting trust.
2 Whether costs should be apportioned where both parties had partial success and issues were intertwined.

Ratio Decidendi

Court Disposition

Costs partly awarded.

Orders

Order that the defendant pay the plaintiff's costs on the ordinary basis of the interlocutory proceedings in this matter.
Other than the costs the subject of order 1, order that each party pay his or its own costs of the proceedings.