Ginelle Pty Limited v Sharon McWeeney & Ors [2013] NSWSC 1798

Ginelle Pty Limited v Sharon McWeeney & Ors [2013] NSWSC 1798

Costs orders are warranted against the first defendant for the entirety of proceedings and against the second and third defendants up to and including 26 September 2013, as the plaintiff's claims succeeded on the merits and non-compliance by the defendants necessitated further legal action; insufficient evidence of representation or service prevents a later costs order against the second and third defendants.

Jurisdiction
Australia
Judgment Date
02 December 2013
Procedural Posture
Civil / Costs Determination Following Possession Proceedings
Outcome
Costs orders made against the first defendant and against the second and third defendants up to and including 26 September 2013.
Legal Topics
['costs' 'possession of Land' 'contempt Proceedings']
['civil Procedure'] ['costs' 'possession of Land' 'contempt Proceedings']

Case Brief

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Procedural Posture

Civil / Costs Determination Following Possession Proceedings

Legal Issues

  1. 1 ['Whether costs should be ordered against the defendants in possession proceedings brought by the plaintiff as mortgagee;' 'Whether costs should include costs of the contempt application for the second and third defendants;' 'Whether a stay of costs order should be granted to allow defendants to bring proceedings against the plaintiff or the landlord.']

Ratio Decidendi

Costs orders are warranted against the first defendant for the entirety of proceedings and against the second and third defendants up to and including 26 September 2013, as the plaintiff's claims succeeded on the merits and non-compliance by the defendants necessitated further legal action; insufficient evidence of representation or service prevents a later costs order against the second and third defendants.

Court Disposition

Costs orders made against the first defendant and against the second and third defendants up to and including 26 September 2013.

Orders

  • ['Order costs against the first defendant in the ordinary basis in the proceedings.' 'Order costs against the second and third defendants in the ordinary basis up to and including 26 September 2013.']