Auto Panel Beaters & Radiators Pty Ltd (In liquidation) v Barclays Services Pty Ltd (formerly known as Auto Panel Beating & Radiators Pty Limited) & Ors (No. 2) [2009] NSWSC 1308

Auto Panel Beaters & Radiators Pty Ltd (In liquidation) v Barclays Services Pty Ltd (formerly known as Auto Panel Beating & Radiators Pty Limited) & Ors (No. 2) [2009] NSWSC 1308

Indemnity costs are not awarded as the third defendant's evidence, although not accepted, was not deliberately concocted but rather the result of self-persuasion; no relevant delinquency found justifying the departure from ordinary costs. Rectification of the transfer ordered to reflect parties' true agreement.

Jurisdiction
Australia
Judgment Date
03 December 2009
Procedural Posture
Equity Civil Proceeding / Post Trial, Costs and Consequential Orders
Outcome
Plaintiff substantially successful; indemnity costs not ordered; orders for rectification granted; ordinary costs ordered against third defendant.
Legal Topics
['rectification of Instruments' 'costs' 'indemnity Costs']
['equity' 'civil Procedure'] ['rectification of Instruments' 'costs' 'indemnity Costs']

Case Brief

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Procedural Posture

Equity Civil Proceeding / Post Trial, Costs and Consequential Orders

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against third defendant' "Whether the transfer of property should be rectified to reflect the parties' true agreement"]

Ratio Decidendi

Indemnity costs are not awarded as the third defendant's evidence, although not accepted, was not deliberately concocted but rather the result of self-persuasion; no relevant delinquency found justifying the departure from ordinary costs. Rectification of the transfer ordered to reflect parties' true agreement.

Court Disposition

Plaintiff substantially successful; indemnity costs not ordered; orders for rectification granted; ordinary costs ordered against third defendant.

Orders

  • ["Declare transfer of 22 July 1987 intended to transfer third defendant's interest in property to plaintiff." "Declare transfer did not intend to transfer third defendant's interest to first defendant." "Declare transfer did not intend to transfer third defendant's interest to 'Auto Panelbeating and Radiator Pty...