Yangoyan v Borg [2017] NSWSC 42

Yangoyan v Borg [2017] NSWSC 42

It was reasonable for the plaintiff to commence proceedings in the Supreme Court to extend the caveat in light of the lapsing notice, as s 74J of the Real Property Act 1900 (NSW) envisages this route. The defendant's actions led to the proceedings, and the plaintiff was successful; therefore, the defendant should pay the plaintiff's costs.

Parties
Plaintiff: Garo Yangoyan; Defendant: Joeanne Borg
Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Costs Determination Following Originating Summons (extension of Caveat) / Costs Judgment
Outcome
Defendant ordered to pay the plaintiff's costs of the proceedings.
Legal Topics
Costs, Caveats, Constructive Trust, Procedure
Equity Property Law Costs Caveats Constructive Trust Procedure

Case Brief

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Parties

Garo Yangoyan

Plaintiff

Joeanne Borg

Defendant

Procedural Posture

Costs Determination Following Originating Summons (extension of Caveat) / Costs Judgment

Legal Issues

  1. 1 Whether it was unreasonable for the plaintiff to commence proceedings in the Supreme Court rather than the Federal jurisdiction
  2. 2 Who should bear the costs of the Supreme Court proceedings relating to the caveat

Ratio Decidendi

It was reasonable for the plaintiff to commence proceedings in the Supreme Court to extend the caveat in light of the lapsing notice, as s 74J of the Real Property Act 1900 (NSW) envisages this route. The defendant's actions led to the proceedings, and the plaintiff was successful; therefore, the defendant should pay the plaintiff's costs.

Court Disposition

Defendant ordered to pay the plaintiff's costs of the proceedings.

Orders

  • The defendant pay the plaintiff's costs of the proceedings.