Renee Jean Bechara & Anor v Faye Lorraine Turner [2012] NSWSC 1278

Renee Jean Bechara & Anor v Faye Lorraine Turner [2012] NSWSC 1278

Given both parties acted reasonably and neither was clearly entitled to costs following settlement of the underlying property contract, each party should bear their own costs of the proceedings.

Parties
First Plaintiff: Renee Jean Bechara; Second Plaintiff: Craig Raymond Nobbs; Defendant: Faye Lorraine Turner
Jurisdiction
Australia
Judgment Date
24 October 2012
Procedural Posture
Civil / Decision on Costs After Settlement of Underlying Dispute
Outcome
Proceedings dismissed. Each party to bear his and her own legal costs.
Legal Topics
Costs, Specific Performance, Contract for Sale of Land
Property Law Civil Procedure Costs Specific Performance Contract for Sale of Land

Case Brief

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Parties

Renee Jean Bechara

First Plaintiff

Craig Raymond Nobbs

Second Plaintiff

Faye Lorraine Turner

Defendant

Procedural Posture

Civil / Decision on Costs After Settlement of Underlying Dispute

Legal Issues

  1. 1 Which party should bear the costs of proceedings commenced for specific performance, where the contract subsequently settled before hearing

Ratio Decidendi

Given both parties acted reasonably and neither was clearly entitled to costs following settlement of the underlying property contract, each party should bear their own costs of the proceedings.

Court Disposition

Proceedings dismissed. Each party to bear his and her own legal costs.

Orders

  • Proceedings dismissed.
  • No order as to costs to the intent that each party will bear his or her costs of the proceedings.