McKay & anor v McKay (Costs) [2008] NSWSC 256

McKay & anor v McKay (Costs) [2008] NSWSC 256

Given that the defendant succeeded on the main contested issue (the cross-claim) and plaintiffs' primary claims failed, but plaintiffs had minor successes and proceeding arose due to the necessary dissolution of a family joint venture, plaintiffs should pay 60% of the defendant's costs, taking into account all proceedings.

Jurisdiction
Australia
Judgment Date
28 February 2008
Procedural Posture
Equity Proceedings—trustees for Sale and Cross Claim / Costs Judgment Following Substantive Decision
Outcome
Plaintiffs to pay 60% of defendant's costs of the consolidated proceedings.
Legal Topics
['costs' 'trustees for Sale' 'conveyancing Act S 66 G' 'partnership Analogies' 'family Property Disputes']
['equity' 'property Law'] ['costs' 'trustees for Sale' 'conveyancing Act S 66 G' 'partnership Analogies' 'family Property Disputes']

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Procedural Posture

Equity Proceedings—trustees for Sale and Cross Claim / Costs Judgment Following Substantive Decision

Legal Issues

  1. 1 ['Whether costs should follow the event in s 66G Conveyancing Act 1919 proceedings between family members' 'Appropriate allocation of costs given mixed outcome in proceedings involving failed family joint venture']

Ratio Decidendi

Given that the defendant succeeded on the main contested issue (the cross-claim) and plaintiffs' primary claims failed, but plaintiffs had minor successes and proceeding arose due to the necessary dissolution of a family joint venture, plaintiffs should pay 60% of the defendant's costs, taking into account all proceedings.

Court Disposition

Plaintiffs to pay 60% of defendant's costs of the consolidated proceedings.

Orders

  • ["Plaintiffs to pay 60% of defendant's costs of the consolidated proceedings, including Local and District Court matters." 'Orders made per Short Minutes initialled by the judge and filed this day.' 'Exhibits to be returned.']