Assure (NSW) Pty Limited v Taouk [2016] NSWSC 1234

Assure (NSW) Pty Limited v Taouk [2016] NSWSC 1234

The defendant should pay the plaintiff's costs of the proceedings on the ordinary basis because the plaintiff succeeded in the removal of the caveat and the agreed interim regime ended due to the defendant's failures, but the case did not warrant indemnity costs.

Jurisdiction
Australia
Judgment Date
05 September 2016
Procedural Posture
Proceedings for Removal of Caveat / Costs Determination After Orders for Removal of Caveat
Outcome
Defendant to pay the plaintiff's costs of the proceedings on the ordinary basis.
Legal Topics
['costs' 'removal of Caveat' 'settlement Offers' 'interim Regimes Relating to Property Proceeds']
['equity'] ['costs' 'removal of Caveat' 'settlement Offers' 'interim Regimes Relating to Property Proceeds']

Case Brief

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Procedural Posture

Proceedings for Removal of Caveat / Costs Determination After Orders for Removal of Caveat

Legal Issues

  1. 1 ['Appropriate order for costs following removal of caveat and particular settlement offers' 'Whether indemnity costs or ordinary costs should be ordered']

Ratio Decidendi

The defendant should pay the plaintiff's costs of the proceedings on the ordinary basis because the plaintiff succeeded in the removal of the caveat and the agreed interim regime ended due to the defendant's failures, but the case did not warrant indemnity costs.

Court Disposition

Defendant to pay the plaintiff's costs of the proceedings on the ordinary basis.

Orders

  • ["The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis."]