Gunn v Gunn [2017] NSWSC 852

Gunn v Gunn [2017] NSWSC 852

No costs order should be made on the possession claim until determination of the cross-claim, as the issues and costs are inextricably linked and the reasonableness and likely success of each party's position cannot be finally assessed until cross-claim resolution.

Jurisdiction
Australia
Judgment Date
27 June 2017
Procedural Posture
Civil / Post Settlement Costs Determination, Cross Claim Pending
Outcome
No order as to costs pending determination of cross-claim.
Legal Topics
['constructive Trust' 'costs' 'possession Proceedings']
['property Law' 'equity' 'civil Procedure'] ['constructive Trust' 'costs' 'possession Proceedings']

Case Brief

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Procedural Posture

Civil / Post Settlement Costs Determination, Cross Claim Pending

Legal Issues

  1. 1 ['Whether a costs order should be made in relation to possession proceedings prior to determination of the pending cross-claim' "Whether the defendants' consent to possession impacts entitlement to costs" 'Implications of constructive trust claim on possession and costs']

Ratio Decidendi

No costs order should be made on the possession claim until determination of the cross-claim, as the issues and costs are inextricably linked and the reasonableness and likely success of each party's position cannot be finally assessed until cross-claim resolution.

Court Disposition

No order as to costs pending determination of cross-claim.

Orders

  • ['No costs order should be made until determination of the proceedings.']