Hans-Egon Bruno Bernhard Metzner & Anor v Jaqueline Rita Metzner [2021] NSWSC 1565

Hans-Egon Bruno Bernhard Metzner & Anor v Jaqueline Rita Metzner [2021] NSWSC 1565

The 'event' for the purposes of costs is the Defendant’s success in resisting the Plaintiffs’ substantive claims. Although the Plaintiffs obtained a declaration of a life interest, this outcome was not sought in their pleadings and arose from the Defendant’s alternative defence. Accordingly, the Plaintiffs should pay 70% of the Defendant’s costs, in partial recognition of their limited success.

Parties
First Plaintiff: Hans-Egon Bruno Bernhard Metzner; Second Plaintiff: Rita Elisabeth Metzner; Defendant: Jaqueline Metzner
Jurisdiction
Australia
Judgment Date
29 November 2021
Procedural Posture
Equity Real Property List / Costs Determination Following Substantive Judgment
Outcome
Plaintiffs to pay 70% of the Defendant's costs.
Legal Topics
Costs, Party/party Costs, General Rule That Costs Follow the Event, Discretion in Costs, Trusts, Life Interest
Equity Real Property Costs Party/party Costs General Rule That Costs Follow the Event Discretion in Costs Trusts Life Interest

Case Brief

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Parties

Hans-Egon Bruno Bernhard Metzner

First Plaintiff

Rita Elisabeth Metzner

Second Plaintiff

Jaqueline Metzner

Defendant

Procedural Posture

Equity Real Property List / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Which party is entitled to costs where each claims partial success?
  2. 2 How should the 'event' for costs purposes be characterised in these circumstances?

Ratio Decidendi

The 'event' for the purposes of costs is the Defendant’s success in resisting the Plaintiffs’ substantive claims. Although the Plaintiffs obtained a declaration of a life interest, this outcome was not sought in their pleadings and arose from the Defendant’s alternative defence. Accordingly, the Plaintiffs should pay 70% of the Defendant’s costs, in partial recognition of their limited success.

Court Disposition

Plaintiffs to pay 70% of the Defendant's costs.

Orders

  • Plaintiffs to pay 70% of the Defendant's costs.