Jo Maree Payne v Helen Mary Rowe & Anor (No 2) [2012] NSWSC 1406

Neither party succeeded in their principal claims: the plaintiff failed to establish an entitlement greater than her legal interest, and the defendants failed in contribution claims against the plaintiff. Applying established principles for s 66G and in circumstances with no clear winner, each party should bear their own costs.

Jurisdiction: Australia
Judgment Date: 23 November 2012
Procedural Posture: Equity Costs Determination / Post Judgment, Costs Order
Outcome: Each party to bear his or her own costs of the proceedings (not affecting previous interlocutory costs orders).
Legal Topics: ['costs' 'constructive Trust' 'resulting Trust' 'conveyancing Act S 66 G']

['equity' 'property Law'] ['costs' 'constructive Trust' 'resulting Trust' 'conveyancing Act S 66 G']

Case Brief

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Procedural Posture

Equity Costs Determination / Post Judgment, Costs Order

Legal Issues

1 ['Who in substance succeeded in the proceedings for the purpose of costs under UCPR r 42.1' 'Whether costs should follow the event where neither party fully succeeded in claims regarding interests in property' 'Proper order for costs in proceedings under s 66G of the Conveyancing Act 1919 (NSW) when relief is not wholly opposed or granted']

Ratio Decidendi

Court Disposition

Each party to bear his or her own costs of the proceedings (not affecting previous interlocutory costs orders).

Orders

['Each party is to bear his or her own costs of the proceedings.' 'Order does not affect prior costs orders in interlocutory applications.']