Harvie v. Stevens; Stevens v. Harvie [2005] NSWSC 343

Harvie v. Stevens; Stevens v. Harvie [2005] NSWSC 343

The phrase 'legal costs on the conveyance' in the settlement contract referred only to the normal conveyancing costs payable by the vendor to the vendor's solicitor acting on the conveyance, and did not include Ms Harvie's legal costs incurred in the earlier proceedings (6197/04). The agreement's context and explicit terms showed that each party was to bear their own litigation costs, and deduction of litigation costs from the proceeds in favour of Ms Harvie was unjustified and unreasonable.

Jurisdiction
Australia
Judgment Date
06 April 2005
Procedural Posture
Contract Dispute (construction/settlement of Proceedings) / Final Judgment on Construction of Settlement Agreement and Costs
Outcome
Declaration as sought in Summons; order for indemnity costs
Legal Topics
['construction of Contracts' 'indemnity Costs' 'sale of Land' 'settlement Agreements']
['contract' 'equity'] ['construction of Contracts' 'indemnity Costs' 'sale of Land' 'settlement Agreements']

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Procedural Posture

Contract Dispute (construction/settlement of Proceedings) / Final Judgment on Construction of Settlement Agreement and Costs

Legal Issues

  1. 1 ["Whether 'legal costs on the conveyance' in the settlement agreement included costs incurred in prior litigation" 'Entitlement to indemnity costs']

Ratio Decidendi

The phrase 'legal costs on the conveyance' in the settlement contract referred only to the normal conveyancing costs payable by the vendor to the vendor's solicitor acting on the conveyance, and did not include Ms Harvie's legal costs incurred in the earlier proceedings (6197/04). The agreement's context and explicit terms showed that each party was to bear their own litigation costs, and deduction of litigation costs from the proceeds in favour of Ms Harvie was unjustified and unreasonable.

Court Disposition

Declaration as sought in Summons; order for indemnity costs

Orders

  • ['Declaration in terms of paragraphs 2 and 3 of the Summons filed by Mr Stevens' 'Order in terms of paragraph 4 of the Summons' 'Order for payment of indemnity costs by Ms Harvie']