Eva Joy Ambrus v Lee Ellen Buchanan (No. 2) [2023] NSWSC 5

Eva Joy Ambrus v Lee Ellen Buchanan (No. 2) [2023] NSWSC 5

The defendants’ unreasonable conduct—including failing to advance any substantial argument, bringing unmeritorious amendment applications, and abandoning pleaded grounds late—caused unnecessary costs, justifying a departure from the usual order that all co-owners’ costs be paid from the proceeds of sale. Instead, the plaintiff’s costs and some limited defendants’ costs are to be paid from the proceeds of sale, with defendants otherwise to bear their own costs.

Parties
Plaintiff: Eva Joy Ambrus; First Defendant: Lee Ellen Buchanan; Second Defendant: Rudolf Ernst Thaesler; Third Defendant: Erin Frances Donkin; Fourth Defendant: Sharon Elizabeth Boyd; Fifth Defendant: Willow Hallgren; Sixth Defendant: Courtney Donkin; Seventh Defendant: Michael Wayne Donkin; Eighth Defendant: Earthwands Pty Limited; Ninth Defendant: Caitlin Donkin; Tenth Defendant: Barbara Straker; Eleventh Defendant: Ian James McQueen; Twelfth Defendant: Michael David McQueen
Jurisdiction
Australia
Judgment Date
24 January 2023
Procedural Posture
Equity Real Property / Costs Determination Following Final Judgment
Outcome
Orders as to costs made: plaintiff’s costs (and certain defendants’ costs) to be paid from proceeds of sale; defendants otherwise to bear their own costs.
Legal Topics
Costs, Trusts for Sale, Co Ownership
Equity Real Property Civil Procedure Costs Trusts for Sale Co Ownership

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 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Eva Joy Ambrus

Plaintiff

Lee Ellen Buchanan

First Defendant

Rudolf Ernst Thaesler

Second Defendant

Erin Frances Donkin

Third Defendant

Sharon Elizabeth Boyd

Fourth Defendant

Willow Hallgren

Fifth Defendant

Courtney Donkin

Sixth Defendant

Michael Wayne Donkin

Seventh Defendant

Earthwands Pty Limited

Eighth Defendant

Caitlin Donkin

Ninth Defendant

Barbara Straker

Tenth Defendant

Ian James McQueen

Eleventh Defendant

Michael David McQueen

Twelfth Defendant

Procedural Posture

Equity Real Property / Costs Determination Following Final Judgment

Legal Issues

  1. 1 Whether the usual order as to costs under s 66G Conveyancing Act 1919 (NSW) should be departed from due to unreasonable conduct by the defendants

Ratio Decidendi

The defendants’ unreasonable conduct—including failing to advance any substantial argument, bringing unmeritorious amendment applications, and abandoning pleaded grounds late—caused unnecessary costs, justifying a departure from the usual order that all co-owners’ costs be paid from the proceeds of sale. Instead, the plaintiff’s costs and some limited defendants’ costs are to be paid from the proceeds of sale, with defendants otherwise to bear their own costs.

Court Disposition

Orders as to costs made: plaintiff’s costs (and certain defendants’ costs) to be paid from proceeds of sale; defendants otherwise to bear their own costs.

Orders

  • Plaintiff's costs of the proceedings (including costs incurred in relation to the defendants' Grounds of Defence) be paid from the proceeds of sale of the land at 193 Hidden Valley Road in Mount Warning, New South Wales, being the land in folio identifier 38/755754 (including sub-folios 38/755754B, C and D).
  • Defendants' costs of preparing the affidavits of John Maxwell dated 23 August 2021, David Keep dated 2 September 2021 and Geoffrey Radburn dated 23 March 2022 be paid from the proceeds of sale of the Land.