Spathis v Nanos (No 2) [2008] NSWSC 470

Spathis v Nanos (No 2) [2008] NSWSC 470

Given the defendant's firm opposition to any sale other than to herself and the cause of the proceedings being the defendant's conduct, the usual order should be varied: only the plaintiff's costs are to be paid out of the proceeds of sale, with the defendant to bear her own costs.

Jurisdiction
Australia
Judgment Date
13 May 2008
Procedural Posture
S 66 G Application / Costs Determination
Outcome
Plaintiff's costs of proceedings to be paid out of the proceeds of sale; defendant to bear her own costs.
Legal Topics
['costs' 's 66 G Applications' 'conveyancing Act 1919']
['equity'] ['costs' 's 66 G Applications' 'conveyancing Act 1919']

Case Brief

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Procedural Posture

S 66 G Application / Costs Determination

Legal Issues

  1. 1 ['Whether the usual approach to costs in s 66G Conveyancing Act 1919 applications should be displaced' "Whether only the plaintiff's costs should be paid out of the proceeds of sale"]

Ratio Decidendi

Given the defendant's firm opposition to any sale other than to herself and the cause of the proceedings being the defendant's conduct, the usual order should be varied: only the plaintiff's costs are to be paid out of the proceeds of sale, with the defendant to bear her own costs.

Court Disposition

Plaintiff's costs of proceedings to be paid out of the proceeds of sale; defendant to bear her own costs.

Orders

  • ["Order (5) of previous orders varied to provide for payment of the plaintiff's costs out of the proceeds of sale per paragraph 4(f) of the summons" 'Paragraph (5)(f) amended to become (5)(g)']