Gregor v Amaya [2021] NSWSC 220

Gregor v Amaya [2021] NSWSC 220

The court found that the Plaintiff was successful in establishing a resulting trust and obtained orders in her favour, and therefore the general rule that costs follow the event should apply despite not achieving the precise result sought in pleadings.

Parties
Plaintiff: Anna Ligia Gregor; Defendant: Ligia Manuela Amaya
Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Equity Expedition List / Costs Determination After Judgment
Outcome
Costs order in favour of the Plaintiff
Legal Topics
Costs, Resulting Trust
Equity Costs Resulting Trust

Case Brief

Summary, issues, holding and outcome

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Parties

Anna Ligia Gregor

Plaintiff

Ligia Manuela Amaya

Defendant

Procedural Posture

Equity Expedition List / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the general rule that costs follow the event should apply
  2. 2 Appropriate costs order given the outcome and conduct of parties

Ratio Decidendi

The court found that the Plaintiff was successful in establishing a resulting trust and obtained orders in her favour, and therefore the general rule that costs follow the event should apply despite not achieving the precise result sought in pleadings.

Court Disposition

Costs order in favour of the Plaintiff

Orders

  • The Defendant is to pay the Plaintiff's costs of the proceedings on an ordinary basis.