Bullabidgee Pty Ltd v McCleary; McCleary v Bullabidgee Pty Ltd [2010] NSWSC 345

Bullabidgee Pty Ltd v McCleary; McCleary v Bullabidgee Pty Ltd [2010] NSWSC 345

The abandonment of the purchasers' claim for specific performance did not constitute conduct justifying an award of indemnity costs as there was no sufficient delinquency, and other countervailing considerations existed.

Parties
Applicant: Bullabidgee Pty Ltd; Respondent: Brian John McCleary; Respondent: Peter Joseph Rae; Respondent: JP & M Kerr (Billabidgee) Pty Ltd; Respondent: Bullatale Pastoral Pty Ltd; Respondent: Towool Pty Ltd; Respondent: Towool West Pty Ltd; Respondent: Towool Water Pty Ltd; Respondent: Warrawool Pty Ltd; Respondent: Warrawool North Pty Ltd; Respondent: Warrawool Water Pty Ltd; Respondent: MHD Echuca Pty Ltd; Respondent: Ian Tayles; Respondent: Ricegrowers Limited t/as Sunrice
Jurisdiction
Australia
Judgment Date
19 April 2010
Procedural Posture
Civil / Post Judgment Costs Order
Outcome
Purchasers to pay the vendors' costs in both proceedings; no order for indemnity costs.
Legal Topics
Costs, Indemnity Costs, Abandonment of Claim
Equity Costs Indemnity Costs Abandonment of Claim

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bullabidgee Pty Ltd

Applicant

Brian John McCleary

Respondent

Peter Joseph Rae

Respondent

JP & M Kerr (Billabidgee) Pty Ltd

Respondent

Bullatale Pastoral Pty Ltd

Respondent

Towool Pty Ltd

Respondent

Towool West Pty Ltd

Respondent

Towool Water Pty Ltd

Respondent

Warrawool Pty Ltd

Respondent

Warrawool North Pty Ltd

Respondent

Warrawool Water Pty Ltd

Respondent

MHD Echuca Pty Ltd

Respondent

Ian Tayles

Respondent

Ricegrowers Limited t/as Sunrice

Respondent

Procedural Posture

Civil / Post Judgment Costs Order

Legal Issues

  1. 1 Whether indemnity costs should be ordered against the purchasers for abandonment of their claim for specific performance

Ratio Decidendi

The abandonment of the purchasers' claim for specific performance did not constitute conduct justifying an award of indemnity costs as there was no sufficient delinquency, and other countervailing considerations existed.

Court Disposition

Purchasers to pay the vendors' costs in both proceedings; no order for indemnity costs.

Orders

  • The purchasers pay the vendors' costs in both proceedings.
  • No order as to indemnity costs.