Goncalves & Anor v Tsirakidis & Anor [2003] NSWLEC 426

Goncalves & Anor v Tsirakidis & Anor [2003] NSWLEC 426

The applicants are entitled to their costs, including the cost of the survey, because the respondents delayed in removing the encroachment, and the applicants were likely to have succeeded if the case had been litigated.

Jurisdiction
Australia
Judgment Date
15 December 2003
Procedural Posture
Application Under the Encroachment of Buildings Act 1922 / Costs Determination After Removal of Encroachment Without a Hearing on the Merits
Outcome
Respondents to pay applicants' costs, including the cost of the surveyor's report.
Legal Topics
['encroachment of Building' 'court Orders for Costs' "costs of Surveyor's Report"]
['property Law'] ['encroachment of Building' 'court Orders for Costs' "costs of Surveyor's Report"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under the Encroachment of Buildings Act 1922 / Costs Determination After Removal of Encroachment Without a Hearing on the Merits

Legal Issues

  1. 1 ['Are the applicants entitled to costs, including the cost of a survey, after resolution of an encroachment of building dispute without a hearing on the merits?']

Ratio Decidendi

The applicants are entitled to their costs, including the cost of the survey, because the respondents delayed in removing the encroachment, and the applicants were likely to have succeeded if the case had been litigated.

Court Disposition

Respondents to pay applicants' costs, including the cost of the surveyor's report.

Orders

  • ["Respondents to pay applicants' costs." "Respondents to pay the cost of obtaining the surveyor's report."]