Ghannam v BB&B Penrith Pty Ltd [2021] NSWSC 1131

Ghannam v BB&B Penrith Pty Ltd [2021] NSWSC 1131

The plaintiff's caveat was fundamentally defective for failing to specify the nature of the interest claimed and would inevitably have been ordered to be withdrawn. Therefore, the defendant is entitled to its costs of the proceedings, but not on an indemnity basis as the plaintiff did not act in bad faith.

Jurisdiction
Australia
Judgment Date
07 September 2021
Procedural Posture
Equity / Costs Determination After Settlement of Caveat Dispute
Outcome
Plaintiff ordered to pay defendant's costs on the ordinary basis.
Legal Topics
['caveats' 'costs' 'real Property']
['equity'] ['caveats' 'costs' 'real Property']

Case Brief

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Procedural Posture

Equity / Costs Determination After Settlement of Caveat Dispute

Legal Issues

  1. 1 ["Whether the plaintiff's caveat was fundamentally defective and could be extended" 'Whether costs should be awarded to the defendant following the removal of the caveat']

Ratio Decidendi

The plaintiff's caveat was fundamentally defective for failing to specify the nature of the interest claimed and would inevitably have been ordered to be withdrawn. Therefore, the defendant is entitled to its costs of the proceedings, but not on an indemnity basis as the plaintiff did not act in bad faith.

Court Disposition

Plaintiff ordered to pay defendant's costs on the ordinary basis.

Orders

  • ["The plaintiff pay the defendant's costs of the proceedings on the ordinary basis."]