Coulter v Bush; Coulter v Domain Residential Northern Beaches Pty Ltd (Costs) [2024] NSWSC 351

Justice does not warrant that Domain pay for Bush's costs, if any, incurred solely in defending the contractual claim (Statement of Claim) brought by Elise and Reggie, because the contractual claim was manifestly untenable and should never have been pursued. As such, the tenants should pay Bush's costs, if any, attributable exclusively to his defence of the contractual claim.

Jurisdiction: Australia
Judgment Date: 04 April 2024
Procedural Posture: Costs Hearing / Post Judgment (costs Determination)
Outcome: Costs orders made as set out in judgment.
Legal Topics: ['costs' 'negligence' 'residential Tenancy' 'indemnity']

['tort Law' 'contract Law'] ['costs' 'negligence' 'residential Tenancy' 'indemnity']

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Procedural Posture

Costs Hearing / Post Judgment (costs Determination)

Legal Issues

1 ['Who should bear the costs of the proceedings given the various claims and outcomes between the parties' "Whether the real estate agent (Domain) should pay the owner's (Bush's) costs of resisting a contract claim brought by the tenants"]

Ratio Decidendi

Court Disposition

Costs orders made as set out in judgment.

Orders

["The Second Defendant is to pay the First and Second Plaintiffs' costs on the ordinary basis as agreed or assessed." "The First Cross-Defendant is to pay the First Cross-Claimant's costs of the proceedings on the ordinary basis as agreed or assessed up to and including 3 March 2024, and on the indemnity basis on...