Livio Versi & Ors v John Versi [2015] NSWSC 805

Livio Versi & Ors v John Versi [2015] NSWSC 805

The defendant's continued resistance to vacate, despite reasonable notice and a hopeless position, warrants an order that he pay costs of the motion on the indemnity basis, payable out of his share of sale proceeds.

Parties
First Plaintiff: Livio Versi; Second Plaintiff: Anthony Versi; Third Plaintiff: Carolena Versi; Defendant: John Versi
Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Equity Costs Application / Post Orders on Motion for Possession
Outcome
Defendant to pay costs of motion on indemnity basis, from his share of property sale proceeds.
Legal Topics
Indemnity Costs, Order for Possession, Trustee for Sale
Equity Civil Procedure Indemnity Costs Order for Possession Trustee for Sale

Case Brief

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Parties

Livio Versi

First Plaintiff

Anthony Versi

Second Plaintiff

Carolena Versi

Third Plaintiff

John Versi

Defendant

Procedural Posture

Equity Costs Application / Post Orders on Motion for Possession

Legal Issues

  1. 1 Whether the defendant should pay indemnity costs for unreasonably resisting possession and delaying sale after appointment of trustee under s 66G Conveyancing Act 1919 (NSW)

Ratio Decidendi

The defendant's continued resistance to vacate, despite reasonable notice and a hopeless position, warrants an order that he pay costs of the motion on the indemnity basis, payable out of his share of sale proceeds.

Court Disposition

Defendant to pay costs of motion on indemnity basis, from his share of property sale proceeds.

Orders

  • Order in accordance with short minutes initialled and dated by the Judge.
  • Defendant to pay costs of application on indemnity basis, from his share of proceeds.